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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH TUESDAY, THE 28 DAY OF JANUARY 2025 / 8TH MAGHA, 1946 CRL.A NO. 1967 OF 2007 Crl.L.P. NO.984 OF 2007 OF HIGH COURT OF KERALA CC NO.595 OF 2001 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, SULTHAN BATHERY APPELLANT/COMPLAINANT:

E.K.KESAVAN, S/O.KUNHIRAMAN, ENCHAKKEL HOUSE, VALAYAL POST, IRULAM VILLAGE.

BY ADV SRI.M.P.ASHOK KUMAR RESPONDENTS/APPELLANT/ACCUSED:

1 THOMAS, S/O.JOSEPH, VELTIKAPPALIL HOUSE, KENICHIRA POST, WAYANAD.

2 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY ADVS.

SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.V.RAJENDRAN PERUMBAVOOR OTHER PRESENT:

R2 BY PUBLIC PROSECUTOR-SMT.SEENA C.

THIS C RIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 28.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

This appeal is at the instance of the complainant in CC No.595 of 2001 on the file of Judicial First Class Magistrate Court-II, Sulthan Bathery, challenging acquittal of the accused under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), vide judgment dated 03.05.2002.

2. The case of the complainant is that the accuse