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2025 Supreme(Online)(Ker) 39417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JACOB GEORGE – Appellant
Versus
SANTHOSH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AJITH VISWANATHAN, SHRI.SHIBU JOSEPH, SHRI.SAYED MANSOOR BAFAKHY THANGAL, SHRI.M.SRIRAM
For the Respondents: SRI.P.M.SANEER, SRI.SHAJIN S.HAMEED, SMT.NITHYA R., SMT.S.SEETHA, SR PP

Table of Content
1. details of the agreement and cheque issuance. (Para 3)
2. outcome regarding remanding the case and further proceedings. (Para 4 , 7)
3. discussion about necessary authorization for prosecution. (Para 6)

ORDER

This criminal revision petition is filed against the judgment dated 17.10.2022 in Criminal Appeal No.306/020 of the Court of Additional District & Sessions Judge, Muvattupuzha arising out of the judgment dated 18.11.2020 in CC No.450/2019 of the Judicial First Class Magistrate Court (Temporary), Muvattupuzha. As per the impugned judgment, the revision petitioner was found guilty under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The 1st respondent is the complainant. Hereinafter the revision petitioner and the 1st respondent are mentioned as accused and complainant

2. The complainant’s case in brief are as follows:

Complainant is doing fabrication works of ships in Cochin Shipyard in the name and style as Excellent Ship Builders along with his friend one Rijo. On 21.01.2013 Complainant and his friend Rijo entered an agreement with the accused to purchase his property for Rs.58 lakhs and paid a total amount of Rs Rs.52,02,864/- towar

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