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2017 Supreme(Online)(KER) 38837

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
SURESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.M.F.MOHAMMOD SIYAD SMT.ACHU SUBHA ABRAHAM, SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH, SRI.JESTIN MATHEW

O R D E R

The parties in these two revision petitions are the same. In Crl.R.P.No.873/2017, the petitioner is accused for offence punishable under Sec.138 of the Negotiable Instruments Act in C.C.No. 2388/2009 on the file of the Judicial First Class Magistrate's Court-I, Ernakulam, instituted on the basis of the complaint filed by the 2nd respondent. The subject matter of the complaint in C.C.No. 2388/2009 (which led to Crl.R.P.No. 873/2017) relates to dishonour of two cheques, both dated 22.6.2009 for Rs.50,000/-, thus totalling to Rs.1 lakh. Crl.R.P.No. 874/2017 arises out of C.C.No.2282/2009, which in turn related to dishonour of a cheque dated 11.6.2009 for Rs.50,000/-. The two complaints in C.C.No.2388/2009 and C.C.No. 2282/2009, were jointly tried by the trial court concerned. The trial court as per the impugned judgment rendered on 24.7.2014 has convicted the petitioner for the abovesaid offence and in C.C.No. 2388/2009 he has been sentenced to undergo simple imprisonment till rising of the court and to pay a compensation of Rs.1,40,000/- to the complainant under Sec. 357(3) of the Cr.P.C. and in default thereof, to undergo simple imprisonment for a period of one month. Where

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