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2022 Supreme(Online)(KER) 14875

HIGH COURT OF KERALA
A. BADHARUDEEN, J
1. BIJU T. CHACKO
– Appellant
Versus

1. SUNNY.P.CHACKO – Respondent


Advocates:
THOMAS J.ANAKKALLUNKAL, JAYARAMAN S.NIRMAL, CHERIYAN VARGHESE, LITTY PETER

O R D E R

This is a Revision Petition filed under Sections 397 and

401 of the Code of Criminal Procedure challenging conviction and sentence imposed against the revision petitioner as per judgment dated 28.04.2021, who is the sole accused in S.T.No.192/2021 on the file of the Judicial First Class Magistrate-III, Kottayam, confirmed by the Additional Sessions Judge-I, Kottayam as per judgment in Crl.Appeal No.59 of 2021 dated 07.07.2022. The respondents in this revision petition are State of Kerala represented by Public Prosecutor as well as the original complainant before the trial court.

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

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

4. Shown off unnecessary embellishments, the case put up by the complainant/the 2nd respondent herein before the court below is as under:

It is alleged by the complainant that the accused borrowed Rs.1,00,000/- from the complainant as loan and issued a cheque No.690420 dated 19.09.2003 for the said sum with assurance of encashment. But when the cheque was presented for collection, the same was dishonoured fo

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