O R D E R

Revision Petitioner is the accused in C.C.No.346/2014 on the file of Judicial First Class Magistrate Court-IV (Mobile Court), Thiruvananthapuram. He assails the judgment in Crl.A No.219/2016 of Additional Sessions Court-II, Thiruvananthapuram which confirmed the conviction and sentence against him in C.C No.346/2014 for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as ‘NI Act’).

2. The parties shall be referred to as complainant and accused.

3. The case of the complainant in brief is that Ext.P1 cheque issued by the accused in discharge of the liability of the accused to pay an amount of ₹3 lakhs was bounced stating the reason “payment stopped by the drawer”. In spite of receipt of Ext.P4 lawyer notice, accused neither sent any reply nor paid the amount covered by Ext.P1 cheque. Accused thereby committed the offence punishable under Section 138 of N.I Act.

4. Accused pleaded not guilty to the accusation and denied issuance of Ext.P1 cheque in discharge of any debt or liability. His defence was that complainant, who was an employee in his shop, misused one of the signed blank cheques entrusted in connection with his busin