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2024 Supreme(Online)(KER) 37102

HIGH COURT OF KERALA
K. Babu, J
Shinoj.T – Appellant
Versus
Sree Gokulam Chit and Fin.Co.(P) Ltd.. – Respondent


Advocates:
P.SAJU

ORDER

The challenge in this Crl. Revision Petition is to the judgment dated 01.09.2016 in S.T.C.No.604/2014 on the file of the Judicial First Class Magistrate Court, Kuthuparamba, which has been confirmed by the Additional Sessions Court- IV, Thalassery in the judgment dated 07.03.2022 in Criminal Appeal No.216/2016.

2. The revision petitioner is the sole accused. He has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one month. He was also directed to pay a compensation of Rs.40,427/- to the complainant.

3. The complainant/respondent No.1 filed a complaint before the Trial Court alleging that the accused/revision petitioner executed Ext.P7 cheque for a sum of Rs.40,427/-. The complainant presented the cheque for encashment. It was dishonoured unpaid due to insufficiency of funds in the account of the accused. Even after receipt of the statutory notice, the revision petitioner did not pay the amount covered by the cheque.

4. The trial Court took cognizance of the offence under Section 138 of the NI Act. The revision petitioner appeared on summons. He pleaded not guilty to the offence alleged.

5. The complainant gave

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