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TMI Blog2016 (3) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... d judgment and order and also the order passed in proceedings arising out of Section 138 of NI Act, apart from the fact that the decree is obtained by the respondents in respect of the very same matter, we are of the opinion that it is a clear case of abuse of the process of the court by dragging the appellant to prosecute him for the offences punishable under Sections 409 and 420 of the Code. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddhartha Dave, Adv., Mr. Sajith. P. Warrier, Adv., Mr. Harikumar V., Adv., Mr. Nikilesh Ramachandra, Adv., Mr. Pawan Kumar, Adv. And Ms. Bina Madhavan,Adv. ORDER Heard learned senior counsel/learned counsel for the parties. Leave granted. Correctness of the impugned judgment and order dated 29.07.2011 passed by the High Court of Kerala at Ernakulam in Crl.M.C. NO.4632 of 2010 is u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eating and breach of trust. He further submits that this is an abuse of the process of the court. He placed strong reliance upon the judgment passed by this Court in the case of Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao, (2011) 2 SCC 703 in respect of the proposition that the appellant having already been convicted under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew, the reliance placed upon the judgment of this case in the case of Kolla Veera Raghav Rao (supra) is aptly applicable to the fact situation. Applying the said principle and in view of the decree obtained by the respondents against the appellant herein, the impugned judgment and order is liable to be set aside and is set aside accordingly. A higher amount cannot be claimed by the respondents ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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