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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
N/A, N/A
SHINE VARGHESE KOIPURATHU – Appellant
Versus
STATE OF KERALA & ANR. – Respondent
| Table of Content |
|---|
| 1. trial court conviction details and appeal basis. (Para 3 , 5) |
| 2. clarification on enforceable debts regarding cash transactions. (Para 6 , 7 , 8) |
| 3. final ruling to remit for fresh consideration. (Para 9 , 10 , 11) |
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. The appellant has called in question the impugned judgment and order passed by the High Court of Kerala in Criminal Revision Petition No. 408 of 2024, wherein the revision petition preferred by the respondent no. 2 has been allowed and he has been acquitted of the charges under section 138 of the Negotiable Instruments Act , 1881, Hereinafter referred to as ‘NI Act’.
4. Considering the nature of the order we propose to pass, we are not narrating in detail the facts of the case and the evidence adduced by the parties in trial.
5. Suffice it would be to mention that the Trial Court convicted the respondent no. 2 for committing offence punishable under section 138 NI Act and was sentence to undergo simple imprisonment for one year and pay a compensation of Rs. 9,00,000/-(Rupees nine lakhs) to the complainant under Section 357 (3) of the Code of Criminal Procedure , 1973. In default of payme
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