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2008 Supreme(Online)(KER) 4959

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
MADHAVAN JAYACHANDRAN – Appellant
Versus
C JAYAPALAN AND ANOTHER – Respondent


O R D E R

Petitioner was concurrently convicted and sentenced for offence under section 138 of Negotiable Instruments Act . First respondent is the complainant. He filed the complaint alleging that towards repayment of Rs.3,00,000/- borrowed by petitioner, he issued Ext.P1 cheque drawn in his account maintained in Karunagappally branch of Indian Bank and when the cheque was presented for encashment, it was dishonoured for want of sufficient funds and in spite of the notice sent demanding the amount covered by the cheque, petitioner did not pay the amount and instead sent a reply raising false contentions and thereby committed the offence under section 138 of . Petitioner pleaded not guilty. Learned Judicial First Class Magistrate , Kayamkulam convicted the petitioner for the offence under section 138 of and sentenced him to simple imprisonment for one year and a compensation of Rs.3,00,000/- and in default, simple imprisonment for two months. Petitioner challenged the conviction and sentence before the Sessions Court, Mavelikkara CRRP3262/08 2 in criminal appeal 383 of 2006. Learned Sessions Judge on re- appreciation of evidence confirmed the conviction and sentence and dismissed

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