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CASE NO.:

Appeal (crl.) 1433-1434 of 2007

PETITIONER:

John K. John

RESPONDENT:

Tom Varghese & Anr

DATE OF JUDGMENT: 12/10/2007

BENCH:

S.B. Sinha & Harjit Singh Bedi

JUDGMENT:

J U D G M E N T

[Arising out of SLP (Crl.) No. 6038-6039 of 2005]

S.B. SINHA, J :

1. Leave granted.

2. The complainant is before us being aggrieved by and dissatisfied with

a judgment and order dated 24.08.2005 passed by a learned Single Judge of

the High Court of Kerala in Crl. R.P. Nos. 2255 and 2256 of 2004 whereby

and whereunder the judgment of conviction and sentence passed by the

learned Trial Judge and affirmed by the Appellate Court, was set aside.

3. Respondent allegedly issued two cheques in favour of the appellant

herein. The said cheques when presented were dishonoured for want of

insufficient funds. As despite service of notice, the respondent did not make

any payment, two complaint petitions were filed against him.

4. The question which arose for consideration before the learned Trial

Judge and consequently before the Court of Appeal as also the Revisional

Court was as to whether the said cheques had be