ORDER: This revision is directed against the judgment dated 23rd November, 2001 of the Sessions Judge, Thiruvananthapuram in Criminal Appeal No. 167 of 2000. The case arose on complaint filed by the first respondent herein against the petitioner before the J.F.C.M. I, Attingal alleging the commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act. The allegation is that on 15th October, 1996 the petitioner borrowed a sum of Rs.4 lakhs from the first respondent and issued a cheque for the said amount drawn on the State Bank of Venjaramoodu. When the cheque was presented for encashment it was returned dishonoured with the endorsement, funds insufficient. Thereupon the first respondent issued a notice calling upon the petitioner to pay the amount covered by the dishonoured cheque. Since no payment was made pursuant to the notice, the complaint was filed.

2. The petitioner pleaded not guilty. In order to prove the guilt of the petitioner P.W. 1 to P.W. 3 were examined and Exs.P-1 to P-10 were marked. The defence examined 3 witnesses as D.W. 1 to D.W. 3 and marked Exs.D-1 to D-5. On an elaborate consideration of the evidence, the learned Magistrate found the p

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