ORDER

Dated this the 24th day of March, 2023 The revision petitioner is the accused in S.T.No.9 of 2015 of the Judicial First Class Magistrate Court-II, Koyilandy. The case originated from a complaint filed by the first respondent, alleging commission of the offence under Section 138 of the Negotiable Instruments Act . The allegation was that, in discharge of a liability of Rs.5,75,000/-, the revision petitioner issued two cheques, which, on presentation, were dishonoured for insufficiency of funds. Despite issuance of notice demanding payment of the cheque amount, the revision petitioner failed to make the payment. Hence, the complaint was filed.

2. The trial court, after appreciation of evidence and the legal contentions, found the revision petitioner guilty and thereupon, convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay fine of Rs.5,75,000/-. The fine, if remitted, was directed to be paid as compensation to the complainant. The appellate court, after detailed consideration of the legal and factual contentions, dismissed the appeal.

2. Heard learned Counsel for the revision petitioner and the learned Counsel for the first responde