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2023 Supreme(Online)(KER) 4641

HIGH COURT OF KERALA
A. BADHARUDEEN, J
KOYAKUTTY P H – Appellant
Versus
RAJITHA SOMAN – Respondent


Advocates:
PRAVEEN K. JOY, T.A.JOY, E.S.SANEEJ, M.P.UNNIKRISHNAN, M.K.SAMYUKTHA, N.ABHILASH, DEEPU RAJAGOPAL, SANDRA S.KUMAR, RANIYAL NIYADA P.

O R D E R

This is a revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter will be referred as Cr.P.C. for convenience) and the revision petitioner herein is the accused in S.T.No.4839 of 2015 on the files Judicial First Class Magistrate Court, Kakkanad. The respondents herein are the original complainant as well as the State of Kerala.

2. The revision petitioner impugns judgment in S.T.No.4839 of 2015 dated 26.02.2018 and the judgment in Crl.Appeal No.74 of 2018 dated

29.10.2019 on the file of the District and Sessions Court, Ernakulam.

3. Heard the learned counsel for the revision petitioner/the accused and the learned Public Prosecutor on admission.

4. I shall refer the parties in this Revision Petition as ‘complainant’ and ‘accused’ for convenience.

5. Summary of the case put up by the complainant before the trial court is as under: The complainant launched prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter will be referred as NI Act for convenience), when cheque for Rs.2 lakh dated 25.07.2015 alleged to be issued by the accused in favour of the complainant, was dishono

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