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2021 Supreme(Ker) 483

N.ANIL KUMAR
S. VELAYUDHAN PILLAI, MANAGING PARTNER, M/S. K. VELAYUDHAN PILLAI – Appellant
Versus
CHELLATH FRANKLIN, S/O. XAVIER – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.O.RAMACHANDRAN NAMBIAR, SRI.BABU SHANKAR, SRI.CIBI THOMAS, SRI.GEEN T.MATHEW
For the Respondent: SHRI.M.V.S.NAMPOOTHIRY

ORDER :

The revision petitioner is the first accused in S.T.No.1985/2008 of the Judicial First Class Magistrate Court-IV, Ernakulam. The first respondent is the complainant in the above case. The revision petitioner is aggrieved by the judgment dated 29.8.2014 passed by the Sessions Court, Ernakulam holding that the appellant is guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act') after confirming the finding of conviction and sentence passed by the trial court by its judgment dated 17 January, 2014. The parties are hereinafter referred to as 'the complainant' and 'the accused' according to their status in the trial court unless otherwise stated.

2. The brief facts of the case, which emanate from the records, are that the revision petitioner borrowed an amount of Rs.8,00,000/-from the complainant and executed a cheque dated 31.1.2008 for an amount of Rs.8,00,000/-in the name of the complainant from the State Bank of Travancore, Ernakulam Broadway branch. The complainant presented the cheque for collection through Catholic Syrian Bank, Market Road branch. The cheque on presentation was returned due to insufficiency

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