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2026 Supreme(Online)(Ker) 5645

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NAVAS KOYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.CHITHRA S.BABU
For the Respondents: ADV E C BINEESH

O R D E R

The challenge in this Crl. Revision Petition is to the judgment dated 29.02.2024 in CC. No.327 of 2022 of the Chief Judicial First Class Magistrate Court, Alappuzha, which has been confirmed by the Additional Sessions Court - I, Alappuzha, in the judgment dated 17.12.2025 in Crl.Appeal No.82 of 2024.

2. The revision petitioner is the accused. He has been convicted under Section 138 of the NI Act and sentenced to undergo imprisonment till the rising of the Court. He was also directed to pay a fine of Rs.8,50,000/-.

3. The complainant/respondent No.2 filed a complaint before the Trial Court alleging that revision petitioner/accused executed Ext.P1 cheque for a sum of Rs.8,50,000/. The complainant presented the cheque for encashment. It was dishonoured unpaid due to insufficiency of funds in the account of the accused. Even after the receipt of the statutory notice, the revision petitioner did not pay the amount covered by cheque. 4. The trial Court took cognizance of the offence under Section 138 of the NI Act. Revision petitioner appeared on summons. He pleaded not guilty to the offence alleged.

5. The complainant gave evidence as PW1 in support of the averments in the co

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