RAVEENDRANATH K. P. Vs. K. P. PADMANABHA KURUP

JUDGEMENT

(1.) These three petitions have been filed by the complainant seeking special leave of this Court under S.378(4) of the Cr. P. C., so as to institute Criminal Appeals for impugning the common judgment dated 31/10/2013 rendered by the Judicial First Class Magistrate Court, Thalassery in S. T. C. Nos. 291, 297 of 2009 and 3012 of 2010 whereby the accused therein (first respondent herein) has been acquitted.

(2.) Sri. K. P. Sudheer, Advocate, has taken notice for R1 at the stage of the delay condonation in this Leave Petition. Crl. Leave Petition No. 179 of 2017 arises out of S. T. C. No. 297 of 2009 and Crl.Leave Petition No. 181 of 2017 arises out of S. T. C. No. 291 of 2009 whereas Crl. Leave Petition No. 180 of 2017 arises out of S. T. C. No. 3012 of 2010. The complainant and the accused in all these cases are the same persons. The complaints were jointly tried and the Trial Court has rendered a common judgment of acquittal in these cases. The cheque dated 01/02/2008 involved in S. T. C. No. 297 of 2009 is for Rs.3,00,000.00 whereas the cheque dated 01/02/2008 involved in S. T. C. No. 291 of 2009 is for Rs.3,50,000.00 and the cheque dated 01/01/2008 involved in S. T. C. No. 3012 of 2010 is for Rs.3,50,000.00 and thus the total amount covered by these three cheques comes to Rs.10,00,000.00. According to the complainant, those cheques were issued by the accused in discharge of the liability owed by him to the complainant and the cheques when presented resulted in dishonour for want of 'insufficiency of funds' and after following the prescribed formalities, the instant three complaints have been initiated which led to the joint trial in these cases.

(3.) Heard Sri. V. Binoy Ram, learned counsel appearing for the petitioner / complainant, Sri. K. P. Sudheer, learned counsel appearing for R1 / accused herein and Sri. Saigi Jacob Palatty, learned prosecutor appearing for R2 / State.