ORDER

The Revision Petitioner is the accused in S.T.

No.106/2008 of Judicial First Class Magistrate court -II, Idukki as well as appellant in Crl.A.No.129/2011 on the files of Additional Sessions Judge Thodupuzha. He was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'N.I.Act') on a complaint filed by the first respondent herein. The allegation against the Revision Petitioner is that in discharge of a legally enforceable debt, he issued a cheque for an amount of Rs.50,000/- (Rupees Fifty Thousand only) drawn in favour of the first respondent. When the cheque was presented for encashment the same was dishonoured for want of sufficient funds. Though the first respondent had issued a statutory notice claiming cheque amount, the Revision Petitioner has neither sent a reply, nor repaid amount. Hence Revision petitioner is committed offence punishable under Section 138 of the N.I.Act.

2. After trial the learned Magistrate found the accused guilty of the offence punishable under Section 138 of the N.I Act and convicted thereunder. He was sentenced to undergo simple imprisonment for four months and also directed to pay compensation Rs.50,0