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2011 Supreme(Online)(KER) 40408

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
HDFC BANK LTD – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The above revisions are filed by a common petitioner, a Bank, challenging the legality, propriety and correctness of the dismissal of its complaints, five in number, against the drawer of the cheque in the respective complaints imputing offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act'. The aforesaid complaints, all of them, were dismissed at the threshold by the learned Judicial First Class Magistrate Court - IV, Kozhikode, under Section 203 of the Code of Criminal Procedure. Petitioner in all the revisions is hereinafter referred to as the 'complainant Bank'.

2. Though the allegations imputed in the complaints against the respective accused over the cheque/cheques covered, differ in some particulars, as all complaints had been dismissed more or less on similar grounds and the challenge raised against such dismissal is common in all cases, these revisions after being heard together are disposed under this common order.

3. No notice was ordered to the respondents in the revisions as the dismissal of the complaints was without issuing summons and hearing them.

4. Crl.R.P.No.1849 of 2011 is against the dismissal of the complaint numbered as

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