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2022 Supreme(Online)(Ker) 63613

KERALA HIGH COURT
A.M. Badar, J
Biju T. Chacko v. Sunny P. Chacko


Advocates:
For the Appellants/Petitioners:
For the Respondents: Public Prosecutor

Table of Content
1. dishonored cheque leading to criminal prosecution under s.138. (Para 1 , 4)
2. confirmation of sentencing and liability by the court. (Para 7 , 18)
3. limits on revisional jurisdiction prevent re-evaluation of evidence. (Para 9 , 10 , 11)
4. presumptions of debt liability are placed on the accused. (Para 13 , 14)

1. This is a Revision Petition filed under S.397 and S.401 of the Code of Criminal Procedure challenging conviction and sentence imposed against the revision petitioner as per judgment dated 28.04.2021, who is the sole accused in S.T.No. 192/2021 on the file of the Judicial First Class Magistrate - Ill, Kottayam, confirmed by the Additional Sessions Judge - I, Kottayam as per judgment in CrLAppeal No.59 of 2021 dated 07.07.2022. The respondents in this revision petition are State of Kerala represented by Public Prosecutor as well as the original complainant before the trial court.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

3.I shall refer the parties in this Revision Petition as 'complainant' and 'accused' for convenience.

4. Shown off unnecessary embellishments, the case put up by the complainant / the 2nd res























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