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2025 Supreme(Online)(Ker) 56168

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
THANKAMANI M.T. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.KRISHNADAS P. NAIR, SMT.K.L.SREEKALA
For the Respondents: SRI.A.BALAGOPALAN, SMT.P.SEENA, SHRI.ASHWIN K.U., SRI.SANAL P RAJ-PUBLIC PROSECUTOR

O R D E R

Revision Petitioner is the accused in S.T.C No.4285/2011 on the files of Judicial First Class Magistrate Court, Kuthuparamba and she is the appellant in Crl.Appeal No.433/2013 of Sessions Court, Thalassery. In this revision, she assails the judgment of conviction and order of sentence against her 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 shown in S.T.C No.4285/2011.

3. The complainant filed the complaint stating that the accused obtained an amount of ₹1,50,000/- from him, promising to arrange a job abroad for his daughter. But the accused failed to arrange the job as promised. When demanded back the amount, accused issued Ext.P1 cheque to the complainant in discharge of the said liability. Upon presentation of Ext.P1 cheque before the bank for encashment, it was returned dishonoured due to insufficient funds in the account of the accused. In spite of receipt of Ext.P3 lawyer notice, accused failed to pay the amount covered by Ext.P1 cheque and thereby committed the offence punishable under Section 138 of N.I Act.

4. Accused pleaded not guilty

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