ORDER

The challenge in this revision petition is the conviction and sentence rendered against the revision petitioner/accused under Section 138 of the NI Act.

2. The revision petitioner is the accused in S.T.C.No. 2349 of 2013 on the files of the Judicial First Class Magistrate Court–II, Mananthavady. He stood trial before that court for committing an offence punishable under Section 138 of the NI Act.

3. The case of the complainant, which is a banking institution, is that the accused had availed a loan of Rs.2,00,000/- from it, as per loan account No.TRDM19/09 by agreeing to repay the loan, by way of monthly installments. But the accused failed to pay the loan as agreed. Later, on 10.06.2013, the accused executed and issued Ext.P2 cheque dated 10.06.2013, for Rs.1,79,628/- to discharge the liability. But when the cheque was presented for collection, it got dishonoured for the reason that ‘funds are insufficient’. The statutory notice issued also did not evoke any response. Hence, the complainant approached the trial court by filing the afore complaint.

4. The trial court, on an appreciation of the evidence on record and after hearing both sides, found the accused guilty and co