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2005 Supreme(Ker) 121

M.SASIDHARAN NAMBIAR
Francis Mathew – Appellant
Versus
State of Kerala – Respondent


Judgment :-

M. Sasidharan Nambiar, J.

Accused in C.C.No.838/99 on the file of Judicial First Class Magistrate-1, Aluva is the revision petitioner. Second respondent was the complainant. Petitioner was convicted and sentenced to simple imprisonment for six months and compensation pf Rs.80,000/- and in default simple imprisonment for six months for the offence under S.138 of N.I. Act. Petitioner challenged conviction and sentence before Additional Sessions Judge, North Paravur in Crl.A.No.590/03. Learned Additional Sessions Judge after analyzing and re-appraising the evidence confirmed conviction and sentence and dismissed appeal. Petitioner has preferred this revision from Jail. Advocate Krishna Kumar was appointed as State Brief.

2. Case of second respondent was that petitioner promising to secure a job for Rasheed, brother of PW.1, in Premier Tyres Ltd., Kalamassery obtained Rs.80,000/­and when he failed to arrange job second respondent demanded back the amount and then petitioner issued Ext.P2 cheque towards repayment of the amount and when Ext.P2 was presented for encashment, under Exts.P3 and P4 it was dishonoured for want of sufficient funds. Under Ext.P5 second respondent deman





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