ORDER

The revision petitioner calls in question the legality and correctness of the judgment in Crl.A No.763/2008 passed by the Court of Session, Thrissur (Appellete Court), confirming the judgment in ST.4734/2003 passed by the Court of the Judicial First Class Magistrate–II, Thrissur (Trial Court), convicting and sentencing the revision petitioner for the offence under Section 138 of the Negotiable Instruments Act (in short, ‘N.I.Act’). The revision petitioner was the accused and the first respondent was the complainant before the Trial Court.

The facts in brief:

2. The first respondent had filed the complaint before the Trial Court, alleging that the revision petitioner was a subscriber to five tickets of the fifth day chitty Nos.401, 402, 403, 196 and 200 conducted by the first respondent. The revision petitioner had auctioned the chitties and the instalments fell in due. In discharge of his liability, he issued Ext.P1 cheque for Rs.65,136/-. The cheque, on presentation to the bank for collection, got dishonoured by Ext.P3 memo due to ‘insufficiency of funds’ in the bank account of the revision petitioner. Although the first respondent had issued Ext.P4 statutory lawyer notice, t