Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
DINESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction under section 138 of the ni act confirmed. (Para 1 , 2 , 3) |
| 2. sufficient evidence supports the complainant's claim. (Para 5) |
| 3. appeal outcomes dictate conditions for satisfying conviction. (Para 6) |
ORDER
This revision petition has been filed challenging the concurrent finding of conviction and sentence imposed on the petitioner under Section 138 of the Negotiable Instruments Act (for short "NI Act")
2. The 2nd respondent filed a private complaint against the petitioner before the Judicial First Class Magistrate Court-II, Thodupuzha (for short 'the trial court') alleging offence punishable under Section 138 of NI Act. According to the complainant, the accused owed him a sum of Rs.7 lakhs in a land transaction and towards the payment of the said debt, he issued Ext.P3 cheque, which on presentation was dishonoured for want of sufficient funds. Even though statutory notice under (b) of NI Act was issued, there was no compliance. Hence, the prosecution was launched.
3. On the side of the complainant, the complainant himself gave evidence as PW1. Exts.P1 to P9 were marked. On the side of the defence, two witnesses were examined as DW1 and DW2. After the t
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
