2019 (8) TMI 1289

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....: ADV. SRI. T. V. JAYAKUMAR NAMBOODIRI ORDER The revision petitioner is the accused in the case S.T. No. 56/2015 on the file of the Court of the Judicial First Class Magistrate-II, Payyannur. Conviction entered and sentence imposed on the revision petitioner concurrently by the trial court as well as the appellate court are challenged in this revision petition. 2. The first respondent/com....

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....ed by the revision petitioner/accused. 4. The learned Magistrate found that the complainant had proved that the cheque was issued by the revision petitioner to him in discharge of a legally enforceable debt and therefore, found the revision petitioner guilty of the offence punishable under Section 138 of the Act and convicted him thereunder. The learned Magistrate sentenced the revision petitio....

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....r Section 138 of the Act. There is nothing to interfere with the conviction of the revision petitioner in exercise of the revisional jurisdiction of this Court. 8. When the revision petition was taken up today for hearing in the presence of the learned counsel for the first respondent, it is submitted that the first respondent/complainant has received the entire amount due to him and that he ha....

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....against the revision petitioner by the courts below under Section 138 of the N. I. Act is confirmed. The sentence imposed on the revision petitioner/accused by the courts below is modified and the revision petitioner is sentenced to imprisonment till the rising of the court. Since the first respondent/complainant has received the entire amount due to him, no sentence of fine is imposed on the revi....