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2020 Supreme(Online)(KER) 18285

HIGH COURT OF KERALA
N.ANIL KUMAR, J
VIJAYAKUMAR – Appellant
Versus
VARGHESE CHACKO – Respondent


Advocates:
SHRI.S.MANU, SMT.DEEPTHI S.MENON, SMT.K.DEEPA (PAYYANUR), SRI.K.SURESH, SMT.AMBIKA RADHAKRISHNAN, SRI.SAJEEV KUMAR K.GOPAL, SRI.M.S.BREEZ, SRI.K.GOPALAKRISHNA KURUP (SR.)

O R D E R

The revision petitioner was the accused in ST Nos. 403, 404, 405 and 406 of 2007 filed by the 1st respondent before the Judicial First Class Magistrate Court-II, Pathanamthitta, alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, “NI Act”).

2. Since common question of law and facts arose in ST Nos. 403 and 405 of 2007, the cases were tried jointly and by common judgment dated 10.02.2010, the learned magistrate convicted and sentenced the revision petitioner for the offence punishable under Section 138 of the NI Act. Challenging the common judgment, the revision petitioner filed Crl.Appeal Nos.68 of 2010 and 66 of 2010 before the Additional Sessions (Ad-Hoc) Court-I, Pathanamthitta. The learned Additional Sessions Judge, by judgment dated 27.09.2011, dismissed Crl. Appeal No. 68 of 2010 and by judgment dated 18.11.2011, dismissed Crl. Appeal No. 66 of 2010, confirming the conviction and sentence imposed by the trial court.

3. The two other cases filed by the 1st respondent as ST Nos. 404 and 406 of 2007 before the very same trial court for the offence punishable under Section 138 of the NI

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