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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL SALAM.K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenging a conviction under negotiable instruments. (Para 1 , 2 , 3) |
| 2. issues raised regarding cheque validity and appellant's defense. (Para 4 , 6) |
| 3. appreciation of legal assistance and proceedings. (Para 5) |
ORDER
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 respondent No.2 filed a private complaint against the petitioner under Section 142 of the NI Act alleging offence punishable under Section 138 of the NI Act before the Judicial First Class Magistrate Court-II, Tirur (for short, the trial court) as S.T.No.5/2017. The case of the respondent No.2 is that the petitioner borrowed a sum of ₹10,00,000/- from him and towards the discharge of the said debt, Ext.P2 cheque was issued which on presentation was dishonoured for want of sufficient funds. Even though statutory notice under (b) of the NI Act was issued, it was returned unserved as it was evaded by the petitioner. Since there was no compliance, the prosecution was launched.
3. Before the trial court, on the side of the complainant/respondent No.
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