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2025 Supreme(Online)(Ker) 47534

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.RADHAKRISHNAN – Appellant
Versus
KERALA AGRO INDUSTRIES CORPORATION LTD. – Respondent


ORDER

Revision petitioner/accused assails the judgment of conviction and order of sentence against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short N.I Act).

2. The parties shall be referred to as complainant and accused as before the trial court.

3. Complainant Kerala Agro Industries Corporation Ltd represented by its managing director filed the complaint stating that the accused who had business transaction with the complainant company, purchased goods from the complainant company on credit and in discharge of the said liability, accused issued Exts.P3, P4 and P5 cheques dated 20.5.2008 drawn on Canara Bank, Panampilly Nagar Branch, Ernakulam. Upon presentation of Exts.P3 to P5 cheques, the said cheques were dishonoured on 18.11.2008 due to insufficient funds in the account of the accused. In spite of receipt of Ext.P7 notice dated 5.12.2008, accused failed to make the payment covered by Exts.P3 to P5 cheques. Accused thereby committed the offence punishable under Section 138 of N.I.Act.

4. Accused entered appearance and denied his liability to pay any amount. He contended that he issued Exts.P3 to P5 cheques by way of security.

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