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2025 Supreme(Online)(KER) 8586

HIGH COURT OF KERALA
Kauser Edappagath, J
ANURADHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.SETHUNATH, V.R.MANORANJAN (MUVATTUPUZHA), THOMAS ABRAHAM (K/1051/2010), SREEGANESH U., LAKSHMINARAYAN.R, GAUTHAM KRISHNAN K.G.

O R D E R

This revision petition has been filed challenging the concurrent finding of conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act').

2. The 2nd respondent filed a private complaint against the petitioner before the Chief Judicial Magistrate Court, Pathanamthitta (for short, 'the trial court') as ST No.277/2018 under Section 142 of the NI Act. The case of the 2nd respondent is that the petitioner borrowed a sum of `4,00,000/- from him and towards the discharge of the said debt, Ext.P1 cheque was issued, which on presentation was dishonoured for want of sufficient funds. Though statutory notice under Section 138 (b) of the NI Act was issued, there was no compliance. Hence, the prosecution was lodged.

3. Before the trial court, on the side of the complainant, PWs1 to 3 were examined and Exts.P1 to P7 were marked. On the side of the defence, DWs1 and 2 were examined and Exts.D1 to D4 were marked. After trial, the trial court found the petitioner guilty under Section 138 of the NI Act and she was convicted for the said offence. She was sentenced to undergo simple imprisonment till the rising of the court a

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