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2022 Supreme(Ker) 725

A. BADHARUDEEN
M. Shabeer, S/o. Mohammed Sali – Appellant
Versus
Anitha Bajee, W/o. Bajee Govindan – Respondent


Advocates Appeared:
For the Petitioner: Ann Susan George
For the Respondent: Sri.Renjit George, Sr.Public Prosecutor

ORDER :

1. These Revision Petitions, filed under Section 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C’ for short), are at the instance of the accused in S.T.No.10000/2011 and 10001/2011 on the files of the Judicial First Class Magistrate Court-IV (Mobile Court), Thiruvananthapuram. The respondents herein are the original complainant as well as the State of Kerala.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. Notice to the 1st respondent in both the revision petitions stands dispensed with.

3. I shall refer the parties in these revision petitions as ‘complainant’ and ‘accused’ for convenience.

4. In these matters, the complainant launched prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short) by the accused, consequent to dishonour of 2 cheques issued by the accused for Rs.1,50,000/-and Rs.75,000/-in partial discharge of the liability towards the complainant and her husband starting from 1997. The specific case put up by the complainant is that when the above cheques were presented for collection, the same got dishonoured

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