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2023 Supreme(Ker) 659

A. BADHARUDEEN
Prana Educational and Charitable Trust – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners: C.S. Manu, Sri. S.K. Premraj.
For the Respondent: Shri. Maneesh Narayanan, Sri. S.R. Sunjith, SR PP - K. Denny Devassy.

ORDER :

This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience). The revision petitioners are the accused in S.T. No.2278/2016 on the files of the Court of Special Judicial First Class Magistrate (N.I.Act Cases), Kozhikode and the appellants in Crl.A. No.176/2019 on the files of the Sessions Court, Kozhikode Division. The respondents herein are the original complainant as well as the State of Kerala.

2. I would like to refer the parties in this revision petition as 'complainant' and 'accused' hereinafter, for convenience.

3. Heard the learned counsel for the accused and the learned Public Prosecutor, representing State as well as the learned counsel appearing for the 2nd respondent/ complainant.

4. The case put up by the complainant before the trial court was that in order to discharge liability to the complainant and her husband to the tune of Rs.9,50,000/-, the 2nd accused issued cheque for Rs.9,50,000/-dated 03.04.2013 drawn on the account maintained by the 1st accused (Prana Educational and Charitable Trust) and the said cheque was dishonored for the reason “funds insufficient”. Accordingly, th

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