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2010 Supreme(Online)(KER) 21690

HIGH COURT OF KERALA
V.K.MOHANAN, J
XAVIER KUTTY – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

As these two revision petitions are arising out of common judgment of both the appellate as well as the trial court and the parties are same and the issues raised are common, these revision petitions are heard together and being disposed by this common judgment.

2. The revision petitioner is the accused in two cases, ie; C.C.Nos.1386/2006 and 1387/2006 of the court of Addl.Chief Judicial Magistrate (Economic Offences), Ernakulam. The trial court found that the accused is guilty under Sec.138 of the N.I.Act and accordingly he is sentenced to undergo simple imprisonment for a period of one month and also ordered to pay an amount of Rs.3,30,000/- to the complainant as compensation under Sec.357(3) of Cr.P.C. and in case of default, he is directed to undergo simple imprisonment for 3 months. It is the above conviction and sentence are challenged in these revision petitions.

Crl.R.P.No.2120/10 This revision petition is preferred challenging the judgment of the trial court in C.C.No.1387/2006 and the appellate court judgment dated 25.5.2010 in Crl.A.No.799/2009. In this case, the allegation of the complainant is that towards the discharge of the liability of the accused/revision

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