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2023 Supreme(Ker) 560

A. BADHARUDEEN
Manoj – Appellant
Versus
Sidheek – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.F. Mohammed Siyad
For the Respondent: G. Sudheer (Government Pleader)

ORDER :

A. Badharudeen, J.

This revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for convenience) is at the instance of the sole accused in C.C.No.295/2017 on the file of the Judicial First Class Magistrate Court-II, Perumbavoor.

2. Challenge in this revision petition is the veracity of the judgment of the Judicial First Class Magistrate Court-II, Perumbavoor, in the above case dated 05.10.2020, modified by the Additional Sessions Judge, Muvattupuzha in Crl.Appeal No.278/2020 dated 27.09.2022.

3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. Since the case was taken up for orders in the admission stage itself, notice to the respondent is dispensed with.

4. I shall refer the parties in this Revision Petition as 'complainant' and 'accused' for convenience.

5. The complainant initiated prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act ('N.I. Act' for short) against the accused, when cheque for Rs.1,75,000/- dated 20.01.2014, alleged to be issued by the accused to the complainant in repayment of Rs.2 lakh alleged to be bo

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