ORDER :

This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience). The revision petitioner is the sole accused in C.C.No.511/2010 on the files of the Judicial First Class Magistrate Court, Kodungallur and the appellant in Crl.A.No.439/2012 on the files of the Additional Sessions Judge-IV, Thrissur. The respondents herein are the original complainant as well as State of Kerala.

2. I would like to refer the parties in this revision petition as 'accused' and 'complainant', for convenience.

3. Heard both sides.

4. In this matter, prosecution case runs on the premise that a cheque for Rs.2,40,000/-dated 15.05.2010 issued by the accused in favour of the complainant got dishonored for the reason “exceeds arrangement”, when the same was presented for collection. Soon after the dishonor, legal notice was issued demanding the said amount. Since the amount was not paid, the complainant launched prosecution against the accused alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as N.I.Act for convenience).

5. The trial court secured the presence of a