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2024 Supreme(Online)(KER) 55921

HIGH COURT OF KERALA
SHAJI MATHEW – Appellant
Versus
JOBY JOHN – Respondent


O R D E R

This Revision Petition is preferred impugning the judgment of the Additional Sessions Court (Adhoc-I), Ernakulam in Crl.Appeal No.194/2012.

2. This is the second round of litigation between the parties. The offence alleged against the accused was under Section 138 of the Negotiable Instruments Act [hereinafter referred to as, ‘the NI Act’].

3. In the first round of litigation, the accused preferred Criminal Revision Petition before this Court as Crl.R.P.No.549/2005. As per the order dated 30.08.2006 in Crl.R.P.No.549/2005, this Court has set aside the concurrent verdict of guilty and conviction and directed the learned Magistrate to dispose the matter afresh. The operative portion of the said order reads thus:

‘5. Having considered all the relevant circumstances, I am of the opinion that the interests of justice will be served ideally by permitting the parties to adduce expert evidence available about the genuineness of Ext.D1. Both counsel fairly accept that such course can be followed.

6. In the result, a) This revision petition is allowed in part;

b) The impugned concurrent verdict of guilty and conviction are set aside;

c) The learned Magistrate is directed to dispose of the

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