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2023 Supreme(Online)(KER) 13038

HIGH COURT OF KERALA
JESWIN MARIYA
– Appellant
Versus

STATE OF KERALA – Respondent


O R D E R

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 S.T.No.2386 of 2016 on the file of the Judicial First Class Magistrate Court-I, Sulthan Bathery.

2. Challenge in this revision petition is the veracity of the judgment of the Judicial First Class Magistrate Court-I, Sulthan Bathery, in the above case dated 18.03.2020, confirmed by the Sessions Court, Kalpetta in Crl.Appeal No.37 of 2020 dated

05.11.2022.

3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

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

5. The complainant filed prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act (`N.I Act' for short) when cheque for Rs.6,68,760/- dated 07.09.2016, alleged to be issued by the accused to the complainant in repayment of the said sum towards price of the gold ornaments, alleged to be purchased by the accused from the complainant on 09.06.2016, was dishonoured.

6. The trial court secured the presence of th

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