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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
SHAJI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. background and context of the case regarding cheque issuance. (Para 1 , 2 , 3) |
| 2. details on the proceedings in lower courts and evidence presented. (Para 4 , 5 , 6) |
| 3. examination of cheque validity and its dishonour. (Para 10 , 11) |
| 4. application of legal presumptions under n.i. act and their implications. (Para 14 , 15) |
| 5. final judgment and modifications in sentence. (Para 16 , 19) |
O R D E R
Revision Petitioner is the accused in S.T. No.817/2016 on the files of Judicial First Class Magistrate Court, Kadakkal and he is the appellant in Crl.Appeal No.151/2018 of Sessions Court, Kollam. In this revision, he assails the judgment of conviction and order of sentence against him 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. No.817/2016.
3. The case of the complainant is that on 14.9.2015, the accused borrowed an amount of ₹1,85,000/- from him and in discharge of the said debt, he issued Ext.P1 cheque dated 2.3.2016. On presentation of Ext.P1 cheque, it was returned dishonoured with Ext.P2 memo. Upon receipt of Exts.P2 memo and Ext.P
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