ORDER

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

2. The revision petitioners are accused Nos. 1 and 2 respectively, in C.C. No. 2766 of 2001 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. They stood trial before that court for committing an offence punishable under Section 138 of the NI Act.

3. The complainant is a public limited company. It is engaged in the manufacture and sale of cement. The first accused, which is a partnership firm, of which the second accused is a partner, purchased cement from it. Thereafter, in order to discharge the said liability, the second accused, as a partner of the firm, issued Ext. P2 cheque dated 22.09.2001 for Rs. 12,98,631.60/-, drawn on Canara Bank, Kadavanthra Branch. When the cheque was presented for collection, it got dishonoured for the reason ‘funds 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 accus