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2023 Supreme(Online)(KER) 6878

HIGH COURT OF KERALA
MARY JOSEPH, J
SADANANDAN
– Appellant
Versus

ROCKY C.P. – Respondent


Advocates:
VINOD MADHAVAN, SRI.PAUL K.VARGHESE, SMT.A.A.GEETHA

O R D E R

The revision on hand is filed challenging concurrent findings of guilt of the revision petitioner and orders of conviction and sentence by judgments respectively passed by Judicial First class Magistrate, Kalady in ST No.1713 of 2014 on 17.09.2015 and Additional District & Sessions Judge, North Paravur in Crl.Appeal No.370/2015 on 21.10.2017.

2. S.T. No. 1713 of 2014 was a prosecution initiated by the respondent before the trial court for an offence under Section 138 of the Negotiable Instruments Act , 1881 (for short ‘the N.I. Act’) by filing a complaint as envisaged under Section 142 N.I. Act. Dishonour of a cheque for insufficiency of funds was the reason for initiating the prosecution. Trial was held by the trial court on the basis of a plea raised by the revision petitioner that he is not guilty of the accusations read over and explained to him.

3. The learned counsel for the revision petitioner urged that the accused is an illiterate person having no acquaintance in English Language and in the complaint even the date of the money transaction which caused the liability was not stated by the complainant. The complainant has also failed to speak about that while being e

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