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HIGH COURT OF KERALA
A. BADHARUDEEN, J
JESWIN MARIYA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. dishonour of cheque leads to presumption under n.i. act. (Para 1 , 5 , 6 , 9 , 15) |
| 2. the accused's burden to rebut the presumption is underscored. (Para 2 , 14) |
| 3. the courts upheld the findings based on evidence presented. (Para 3 , 4 , 10 , 12) |
| 4. final verdict dismisses the revision petition. (Para 18) |
O R D E R
This revision petition filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for convenience) is at the instance of the sole accused in S.T.No.2386 of 2016 on the file of the Judicial First Class Magistrate Court-I, Sulthan Bathery.
2. Challenge in this revision petition is the veracity of the judgment of the Judicial First Class Magistrate Court-I, Sulthan Bathery, in the above case dated 18.03.2020, confirmed by the Sessions Court, Kalpetta in Crl.Appeal No.37 of 2020 dated
05.11.2022.
3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.
4. I shall refer the parties in this Revision Petition as `complainant' and `accused' for convenience.
5. The complainant filed prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act
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