2022 (8) TMI 1303

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....or the Petitioner : 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., AOR, Mr. Alim Anvar, Adv., Mr. Nishe Rajen Shonker, AOR, 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 ....

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.... 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 realized, the same shall be given to the Complainant as compensation under Section 357(1)(b) of the Cr.P.C. 6. In the a....

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....ming the conviction of the accused under Section 138 of the N.I. Act, the accused preferred three different Revision Applications before the High Court. By the impugned common judgment and order, the High Court has reversed the concurrent findings recorded by both the courts below and has acquitted the accused on the ground that, in the complaint, the Complainant has not specifically stated the na....

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....nce it is presumed that the cheque is issued in whole or in part of any debt or other liability which is in favour of the Complainant/holder of the cheque, in that case, it is for the accused to prove the contrary. The aforesaid has not been dealt with and considered by the High Court. The High Court has also failed to appreciate that the High Court was exercising the revisional jurisdiction and t....