N N SIVADASAN NAIR Vs. SAJU MATHEWS

JUDGEMENT

(1.) UNDER challenge is Ext.P14 order whereby the court below dismissed E.A.Nos. 1195 of 2011 and 1196 of 2011 in E.P.Nos. 404 of 1998 and 231 of 2001 in O.S.No. 634 of 1995.

(2.) THE facts absolutely necessary for the purpose of disposal of this petition are as follows:

(3.) IN 1995, the second respondent before the court below who is the first petitioner herein was indebted to the tune of 1.64 lakhs to the respondent before this Court. In order to discharge the said debt, three cheques and a demand draft were issued to the first respondent. Two cheques for a sum of 15,164.15/ - and 92,250/ - were dishonoured, while the other cheque and demand draft were encashed. The first respondent instituted criminal proceedings as C.C.No. 428 of 1995 and C.C.No. 429 of 1995 under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate's Court -II, Kanjirappally. While the criminal proceedings were pending, O.S.No. 634 of 1995 was instituted before the Sub Court, Kottayam for realizing a sum of 1,21,786/ - due on the same transaction. By Ext.P2 judgment, in criminal case, the first petitioner before this Court was found guilty. He was found guilty in both cases namely C.C.No. 428 of 1995 and C.C.No. 429 of 1995 by judgment dated 06.03.1997 and 11.03.1997 respectively and he was directed to pay a compensation of 20,000/ - as per Ext.P2 order and 1,10,000/ - as per Ext.P3 order also. The accused, who is the first petitioner herein preferred Crl.A. No. 49 of 1997 and Crl.A.No. 51 of 1997 against the conviction and sentence in the two cases. The appeals were dismissed by order dated 31.07.1997. The first petitioner thereafter preferred Crl.R.P.No. 700 of 1997 and Crl.R.P.No.706 of 1997 before this Court. At the time of admission, in one of the cases, he was directed to deposit 1,10,000/ - and in other cases 20,000/ - which he deposited on 23.01.1998 and 28.01.1998 respectively. After the deposit had been made, by Ext.P5 O.S.No. 634 of 1995 was decreed. It is conceded that in Ext.P5 judgment, criminal cases have been referred to. But the deposit made as per the orders of this Court were not taken note of. By judgment dated 28.07.1998, this Court dismissed the Crl.R.Ps.