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2022 Supreme(Online)(KER) 38283

HIGH COURT OF KERALA
A. BADHARUDEEN, J
MRS SHAFEELA NASAR,
– Appellant
Versus

RAJAN, – Respondent


Advocates:
T.N.MANOJ, SRI.T.R.RENJITH, SR PUBLIC PROSECUTOR

ORDER

This Revision Petition is at the instance of the accused in C.C.No. 4121 of 2012 on the file of the Judicial Magistrate of First Class, Kodungallur. She has filed this revision petition under Sections 397 and 401 of Criminal Procedure Code (hereinafter will be referred as “Cr.P.C.” for convenience).

2. She assails judgment dated 31.12.2018 in the above case and the judgment in Crl.A.No. 12/2019 on the file of the Additional District Court, Irinjalakuda arising therefrom.

3. The respondents herein are the original complainant as well as the State of Kerala.

4. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor on admission. Notice to the 1st respondent/complainant stand dispensed with. Parties in this revision petition will be referred as “complainant” and “accused” hereinafter for easy reference.

5. Briefly spelt, the complainant initiated prosecution against the accused alleging commission of offence under Section 138 of the Negotiable Instruments Act , when a cheque for Rs.5,00,000/- dated 18.09.2012 got dishonored when it was presented for collection, for want of cash. The specific case put up by the complainant was that the accu

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