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2024 Supreme(Online)(KER) 35879

HIGH COURT OF KERALA
Kauser Edappagath, J
K.SREENIVASAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.K.SANDEEP, SWETHA R.

O R D E R

This criminal revision petition has been filed challenging the judgment passed by the Judicial First Class Magistrate Court -V, Palakkad (for short, 'the trial court') in S.T.No.55 of 2019 dated 03/05/2024 and confirmed by the Court of Session, Palakkad (for short, 'the appellate court') in Crl.A. No. 80 of 2024 dated 30/07/2024.

2. The revision petitioner is the accused and the respondent No.2 is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act'). The case of the respondent No.2 is that he was doing vegetable business and he had business relationship with the petitioner for about one year. Towards the amount due in the said business transactions, Exts.P1 and P3 cheques were issued which on presentation were returned as dishonoured for want of sufficient funds. Even though statutory notice issued by the respondent No.2 was received by the petitioner, there was no compliance. Hence, the prosecution under of the N.I.Act was lodged.

3. On the side of the complainant, PW1 was examined and Exts.P1 to P5(b) were marked. No defence evidence was adduced. After trial, the trial court found that the petitioner has

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