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2026 Supreme(Online)(Ker) 1837

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SRI. SURENDRAN S. – Appellant
Versus
V.J. JAMES @ VELLAKKADA JOSEPH JAMES – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGEKUTTY MATHEW
For the Respondents: SRI. E C BINEESH, SR PP

Table of Content
1. overview of the conviction basis under section 138. (Para 1 , 2 , 3 , 4 , 5)
2. discussion on revisional jurisdiction limitations. (Para 6 , 7)
3. final decision regarding the conviction. (Para 8 , 9)

O R D E R

The challenge in this Crl. Revision Petition is to the judgment dated 20.02.2025 in Crl.Appeal No.69 of 2023 passed by the Additional Sessions Court - V, Kottayam, confirming the conviction and modifying the sentence rendered by the Judicial First Class Magistrate Court - I, Kanjirappally, in judgment dated 18.03.2023 in S.T.No.3145 of 2017.

2. The revision petitioner is the sole accused. He has been convicted under Section 138 of the Negotiable instruments Act, 1881 (for short ‘the NI Act’) and sentenced undergo imprisonment till rising of the Court. He was also directed to pay a fine of Rs.2,58,000/-.

3. The complainant/respondent No.1 filed a complaint before the Trial Court alleging that the accused/revision petitioner executed Exts.P2 and P3 cheques for a sum of Rs.1,58,000/- and Rs.1,00,000/-. The complainant presented the cheques for encashment. They were dishonoured unpaid due to insufficiency of funds in the account of the accused. Even after the re

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