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2023 Supreme(Ker) 836

SOPHY THOMAS
Komala Unnikrishnan – Appellant
Versus
Manoj Kumar K. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.K. Ramkumar, Anitha Ramkumar.
For the Respondents: T.G. Rajendran, Renjith George.

ORDER :

1. This revision petition is at the instance of the accused in S.T. No. 683 of 2004 on the file of Special Judicial First Class Magistrate (Marad cases), Kozhikode, assailing the judgment in Crl. Appeal No. 608 of 2005 on the file of Additional District and Sessions Judge, Fast Track (Adhoc-1), Kozhikode, which upheld her conviction and sentence under Section 138 of the Negotiable Instruments Act.

2. S.T. No. 683 of 2004 was based on a complaint filed by one Mr. Manoj Kumar, who is the 1st respondent herein, alleging an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’) committed by the revision petitioner herein. According to him, the revision petitioner was running a chitty business in the name and style “Kerala Chitty Fund” having its administration office at Trivandrum, and branches at various places in Kerala. The complainant/1st respondent subscribed two chitties having sala of Rs. 5,00,000/- and Rs. 1,00,000/- respectively, conducted by the revision petitioner. He properly remitted monthly instalments at the Tirur branch of the revision petitioner. Ultimately, towards discharge of the debt due to the complainan

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