ORDER

Dated this the 7th day of December, 2022 This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience). The revision petitioner is the sole accused in S.T.No.72/2016 on the file of the Judicial First Class Magistrate Court-III, Kanjirappally and the appellant in Crl.A.No.168/2019 of the Court of Additional Sessions Judge-V, Kottayam. The respondents herein are the original complainant as well as State of Kerala.

2. I would like to refer the parties in this revision petition as 'accused' and 'complainant', for convenience. 3. Heard the learned counsel for the accused and the learned Public Prosecutor, representing State. Notice to the complainant (1st respondent) stands dispensed with. 4. In this matter, the complainant launched prosecution against the accused alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as N.I.Act for convenience), when cheque for Rs.59,000/- alleged to be issued by the accused for discharge of the said sum alleged to be borrowed during January, 2012, was dishonored for want of funds.

5. Since the accused f