MANOJ KUMAR Vs. SHOUKATHALI

JUDGEMENT

(1.) These criminal revision petitions are connected arising out of the common judgment.

(2.) The 1st respondent in both revision petitions filed two complaints against the petitioner under Sec. 142 of the Negotiable Instruments Act (for short, 'the NI Act') before the Judicial Magistrate of First Class-II, North Paravur (for short, 'the trial court') as S.T.Nos.156 and 165 of 2012 alleging offence punishable under Sec. 138 of the N.I Act.

(3.) The case of the complainant is as follows:- The complainant and the accused were classmates and were working at UAE. The accused borrowed 2,93,225/- UAE Dirhams from the 1st respondent, which is equivalent to Rs.37,67,941.00 and towards the discharge of the said liability, Exts.P1 and P12 cheques were issued, which, on presentation, were dishonoured for want of sufficient funds. Even though a statutory notice under Sec. 138(b) of NI Act was issued and received by the petitioner, there was no compliance. Hence, the prosecution was launched. Both cases were tried jointly by the trial court. On the side of the complainant, PW1 and PW2 were examined and Exts.P1 to P19 were marked. On the side of the defence, DW1 to DW3 were examined and Exts.D1 and D2 were marked. Exts.X1 series to X3 were marked as court exhibits.