ORDER

This criminal revision petition is filed against the conviction and sentence imposed on the revision petitioner as per judgment dated 10.01.2019 in ST No.2482/2010 of the Judicial First Class Magistrate Court-I, Varkala and the judgment dated 20.11.2020 in Criminal Appeal No.15/2019 of the Additional Sessions Judge-II, Thiruvananthapuram. (Hereinafter parties are mentioned according to their rank before the trial court.) It was a prosecution initiated by the complainant against the accused alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

2. The complainant’s case is summarized as follows:

The accused had issued a post-dated cheque No.088210 dated 01.03.2010 drawn on State Bank of Travancore.

Trivandrum main branch to the complainant for discharging legally enforceable debt of Rs.2,50,000/- . When the cheque was presented for encashment through Indian Overseas Bank, Edava Branch, it was dishonored for the reason "fund insufficient". Thereafter the complainant caused to issue legal notice to the accused by demanding cheque amount. Despite the receipt of the notice, the accused did not repay the cheque amount. Thus the ac