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2021 Supreme(Ker) 1178

N. ANIL KUMAR
M/s. Three Star Exporters – Appellant
Versus
Shipping Corporation Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.PEEYUS A.KOTTAM, SRI.ASHIK K.MOHAMMED ALI
For the Respondent: SMT.B.ANU, SRI.ADARSH MATHEW, SRI.DILJITH K.MANOHAR, SRI.V.J.MATHEW, SRI.VIPIN P.VARGHESE, SR.PP.M.S.BREEZ

ORDER :

This revision petition is directed against the judgment dated 14.02.2006 passed in Crl.Appeal No.845 of 2005 on the file of the Sessions Court, Ernakulam, which was preferred by the revision petitioners against the judgment of conviction and sentence dated 05.10.2005 in CC No.592 of 1999 on the file of the Judicial First Class Magistrate Court-I, Ernakulam.

2. The revision petitioners were the accused in CC No.592 of 1999 on the file of the Judicial First Class Magistrate Court-I, Ernakulam consequent to a private complaint instituted by the 1st respondent (complainant) against the revision petitioners/accused 1 and 2 alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act'). Parties are hereinafter referred to as 'the complainant' and 'the accused' according to their status in the trial court unless it is otherwise stated.

3. The case of the complainant, in brief, is as hereunder:-

The complainant, M/s Shipping Corporation of India, is represented by its local agent, M/s Jairam & Sons. The 1st accused, who is an exporting firm, and the 2nd accused, who is its partner, had approached the com

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