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2022 (8) TMI 1303

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..... ayanan, 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 and Shri Mohammad Sadique T.A., learned Advoca .....

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..... 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 appeal preferred by the accused, the learned Sessions .....

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..... f 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 nature of transactions and the source of fund. However, .....

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..... 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 there were concurrent findings of fact recorded by the .....

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