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2023 Supreme(Online)(KER) 27049

HIGH COURT OF KERALA
V. G. Arun, J
OOLAMKUNNATH O.M. SINDHU – Appellant
Versus
ALOKANDY KRISHNAN – Respondent


Advocates:
K.P.SUDHEER, J.RAMKUMAR, SHARAN SHAHIER

ORDER

Dated this the 02nd day of June, 2023 The revision petitioner is the accused in S.T.No.4 of 2021 on the files of the Judicial First Class Magistrate Court-II, Koyilandi. In his complaint, the first respondent/complainant alleged that the revision petitioner had borrowed an amount of Rs.8,00,000/- during the last week of December, 2018, promising to repay the amount within one week. Later, in discharge of the liability, the revision petitioner issued a cheque dated 21.10.2019. On presentation, the cheque was dishonoured for insufficiency of funds. Although lawyer notice was issued to the revision petitioner demanding the amount, he sent a reply denying execution of the cheque. It was hence alleged that the revision petitioner has committed the offence under Section 138 of the N.I.Act.

2. Before the trial court, PWs 1 to 4 were examined on the side of the prosecution and Exts.P1 to P7 marked. Thereafter, the revision petitioner was examined under Section 313 Cr.P.C and was called upon to let in defence evidence, if any. At that stage, the revision petitioner filed an application under Section 243 Cr.P.C with a prayer to send Ext.P1 cheque for examination by an expert. The tri

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