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2022 Supreme(Online)(KER) 40488

HIGH COURT OF KERALA
A. BADHARUDEEN, J
BABU
– Appellant
Versus

CHEMMANNUR FASHION JEWELLERS – Respondent


Advocates:
M.B.SHYNI V.R.ANILKUMAR RAJESH KUMAR R.RAMEES P.K.ERFANA PARAMBADAN SARAFUDHEEN T.

O R D E R

This Revision Petition has been filed under Sections 397 and

401 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for convenience). Revision petitioner is the sole accused in S.T.No.366/2017 on the file of the Judicial First Class Magistrate Court-I, Sulthan Bathery. The revision petitioner impugns the judgment dated 26.10.2019 in the above case, which was confirmed by the Sessions Judge, Kalpetta, Wayanad in Crl.Appeal No.93/2019 dated 30.09.2022. The 1st respondent is the original complainant before the trial court and the 2nd respondent is State of Kerala.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. Notice to the 1st respondent stands dispensed with.

3. I shall refer the parties in this Revision Petition as to their status before the trial court as `complainant' and `accused'.

4. Short facts of the case:

Consequent to dishonour of cheque for Rs.1,09,550/- dated

03.12.2016, alleged to be issued by the accused to the complainant towards the balance price of gold purchased from the complainant Chemmannur Fashion Jewellers, the complainant initiated prosecution through its power of attorney holder, alleging

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