ORDER

This Criminal Revision Petition is filed seeking the following reliefs:

to set aside the conviction and sentence imposed on the petitioner in S.T. No. 115/2019 of the Court the Judicial First Class Magistrate –III, Cherthala, confirmed, in Crl. Appeal No. 05/2021 dated 16.06.2023 of the Court of Session, Alappuzha and to acquit the revision petitioner of all charges or to remand the case to the court below for the fresh disposal.

(SIC)

2. Revision petitioner is an accused in ST No.115/2019 on the file of the Judicial First Class Magistrate Court-III, Cherthala. It is a prosecution initiated against the revision petitioner alleging offence punishable under Section 138 of the Negotiable Instruments Act (for short, NI Act).

3. The 1^st respondent is the complainant in this case.

Hereinafter parties are referred according to their status in the trial court. The case of the complainant in short is as follows: The complainant and the accused are close friends and doing hotel business. Being so, on 22/12/2015 at about 8 A.M, the accused requested for an amount of Rs.30,00,000/- to start a new hotel at Guruvayoor while complainant was residing at the hotel run by the accused at Chandiroo