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2007 Supreme(Online)(KER) 15089

HIGH COURT OF KERALA
K.R. UDAYABHANU, J
RAJAN – Appellant
Versus
SASIDHARAN – Respondent


Advocates:
SRI.T.A.SHAJI, SRI.M.K.ABOOBACKER PUBLIC PROSECUTOR, SRI.C.M.KAMMAPPU

ORDER

Crl.R.P.No.345/1999 is filed by the accused/revision petitioner in C.C.No.350/1995 in the file of the Judicial Magistrate of First Class, Chavakkad and Crl.R.P.No.346/1999 is filed by the same person being accused in C.C.No.478/1995 in the file of the same court with respect to the proceedings under Section 138 of the Negotiable Instruments Act . In C.C.No.350/1995 the accused stands convicted and sentenced, as modified by the appellate court to pay a fine of Rs.35,000/- and in default to undergo rigorous imprisonment for a period of three months and out of the fine amount, a sum of Rs. 31,000/- is ordered to be paid to the complainant under Section 357 (1)Cr.P.C. and in C.C.No. 478/1995, the accused stands convicted and sentenced to pay a fine of Rs.25,000/- and in default to undergo rigorous imprisonment for a period of three months and out of the fine amount, a sum of Rs.23,000/- is ordered to be paid to the complainant as compensation under Section 357 (1)Cr.P.C.

2. Both the cases are with respect to the same transaction.

It is the case of the complainant in C.C.No.350/95, that the accused borrowed a sum of Rs.48,000/- on 12-3-1995 and towards discharging the liability iss

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