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2022 Supreme(SC) 866

M. R. SHAH, B. V. NAGARATHNA
P. Rasiya – Appellant
Versus
Abdul Nazer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shinoj K.Narayanan, Adv., Ms. Niveditha R Menon, Adv., Mr. Aditya Verma, Adv., Mr. K. Rajeev, AOR
For the Respondent: Mr. Mohammed Sadique T.A., Mr. Alim Anvar, Mr. Nishe Rajen Shonker, Mr. Sriram Parakkat, Adv.

ORDER :

1. Delay condoned.

2. Leave granted.

3. We have heard Shri Shinoj K. Narayanan, learned Advocate, appearing for the appellant and Shri Mohammad Sadique T.A., learned Advocate, appearing for respondent No.1.

4. Feeling aggrieved and dissatisfied with the impugned common judgment order dated 26.07.2017 passed by the High Court of Kerala at Ernakulam in Criminal Revision Petition Nos. 637, 638 & 639 of 2017, by which the High Court has allowed the said Revision Applications and has acquitted the respondent No.1-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I.Act’) by reversing the concurrent findings recorded by both the Courts below, the original Complainant has preferred the present Appeals.

5. The learned trial Court convicted the accused for the offence punishable under Section 138 of the N.I. Act and sentenced to undergo simple imprisonment for three months in each case. The learned trial Court also sentenced to pay a fine of Rs.5,00,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of six months. The learned trial Court also further ordered that, if the fine amount is


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