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2023 Supreme(Online)(KER) 36329

HIGH COURT OF KERALA
C.R, J
prana educational and charitable trust – Appellant
Versus
state of kerala – Respondent


Advocates:
For the Appellants/Petitioners: None
For the Respondents: Public Prosecutor

Table of Content
1. complaint of cheque dishonor leads to prosecution under n.i. act. (Para 4 , 5)
2. prosecution of a trust for cheque offence is validated. (Para 10 , 17)
3. initial presumptions regarding cheque issuance favour complainant. (Para 23 , 24)
4. revision dismissed confirming previous findings. (Para 35)

ORDER

Dated this the 18th day of September, 2023

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 tria

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