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2023 Supreme(Ker) 932

VIJU ABRAHAM
S. Balakrishna Prabhu – Appellant
Versus
V. Indira, W/o. Ratnakara Prabhu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. S. Rajeev
For the Respondent: Sri. Philip T. Varghese, Sri. Renjit George, PP

ORDER :

Parties and the contentions raised in these criminal revision petitions are the same and therefore all these cases are heard and disposed of together.

2. Revision petitioner in these cases is the 2nd accused in C.C.Nos.650 of 2002, 647 of 2002, 649 of 2002 and 648 of 2002 on the file of the Judicial First Class Magistrate Court-II, Kochi, alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short, “NI Act”). In C.C.No.650 of 2002, the complaint was filed by the 1st respondent on the basis of the allegation that accused 1 and 2 who were Managing Partner and Partner of M/s.Swathi Garments borrowed an amount of Rs.2,00,000/-and to clear the liability, four cheques were issued for the said amount and on presentation of the cheques, they were dishonoured for want of sufficient funds. Though a lawyer notice was issued demanding payment, the accused failed to make the payment and hence the complaint alleging offence punishable under Section 138 of the NI Act was filed. In C.C.Nos.647 of 2002, 649 of 2002 and 648 of 2002 the allegation is the same.

3. Only the revision petitioner/2nd accused appeared before the trial court and the 1st accused was a

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