PREM RAJ Vs. POONAMMA MENON

JUDGEMENT

(1.) Leave granted.

(2.) Appellant herein challenges judgment and order dtd. 23/1/2018 passed in Crl.R.P. No.1111 of 2011('Impugned Judgment'), whereby the High Court of Kerala allowed, only in part, his Revision Petition against the judgment and order of the learned Additional Sessions Judge, Thrissur,('Lower Appellate Court') dtd. 11/1/2011, in Criminal Appeal No.673 of 2007, which, in turn, upheld his conviction, as handed down by the learned Judicial First Class Magistrate('Trial Court') vide order dtd. 14/8/2007 in CC No.51 of 2003, under Sec. 138 of the Negotiable Instruments Act, 1881('N.I. Act').

(3.) The sole issue that we are required to consider is, whether, a criminal proceeding can be initiated and the accused therein held guilty with natural consequences thereof to follow, in connection with a transaction, in respect of which a decree by a competent Court of civil jurisdiction, already stands passed.