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2025 Supreme(Online)(Ker) 46913

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
BABU RAJ – Appellant
Versus
AJITHKUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.K.GOPALAKRISHNAN, SHRI.KRISHNAKUMAR S.
For the Respondents: SRI.P.RAMACHANDRAN, SMT.MAYA M N -PUBLIC PROSECUTOR

O R D E R

Challenge in this Criminal Revision Petition is to the judgment of conviction and order of sentence against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I Act).

2. The case of the complainant is that the accused who is a friend of him borrowed an amount of ₹3,50,000/- and in discharge of the said debt, accused issued Ext.P1 cheque dated 31.3.2016. Upon presentation of the cheque for encashment, it was returned dishonoured on 5.4.2016 due to insufficient funds in the account of the accused. In spite of receipt of lawyer notice caused to be send by the complainant intimating the factum of dishonour of cheque and demanding the amount covered by the cheque, accused neither paid the amount nor sent any reply. Accused thereby committed the offence punishable under Section 138 of N.I Act.

3. Accused pleaded not guilty to the accusation and denied issuance of Ext.P1 cheque in discharge of any debt or liability. 4. Before the trial court, the complainant was examined as PW1 and Exts.P1 to P3(b) were marked on his side. No defence evidence was adduced.

5. After trial, the learned Magistrate found the

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