O R D E R

The revision petition is filed questioning the legality and correctness of the judgment in Crl.A. No.299/2004 of the Court of Session, Thalassery (Appellate Court), confirming the judgment in C.C.No.20/2004 of the Court of the Judicial First Class Magistrate-III, Kannur (Trial Court), holding the revision petitioners guilty, and convicting and sentencing them for the offence under Section 138 of the Negotiable Instruments Act, 1988 (for brevity, ‘N.I. Act’). The revision petitioners are the accused and the first respondent is the complainant. During the pendency of the revision petition, the first respondent died and his legal representatives have been impleaded as the additional respondents 3 to 5. The second respondent is the State of Kerala, a formal party. For convenience, the parties are referred to as per the status before the Trial Court.

Facts in brief:

2. The complaint was filed, inter-alia, alleging that, in the year 2000, the accused while holding the post of President and Secretary of the Vyapari Vyavasayi Ekopana Samithi of Pilathara Unit (in short, ‘Samithi’) had floated a mutual benefit scheme (‘scheme’, for short) for the petty Traders of the Pilathara area