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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
V.K.SADANANDAN – Appellant
Versus
WAYANAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. – Respondent
| Table of Content |
|---|
| 1. overview of the case and trial courts' findings. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding evidence and legal presumptions. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. concluding remarks and final decision of the court. (Para 13) |
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
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