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2026 Supreme(Online)(Ker) 6177

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
M/S WILLS INDIA TOURS SRLA -15, SHANKAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GOKUL D. SUDHAKARAN, SHRI.ANEESHRAJ R., SHRI.VAISHNAV DATH S.
For the Respondents: ADV E C BINEESH

O R D E R

The challenge in this Crl. Revision Petition is to the judgment dated 23.10.2025 in Crl.Appeal No.141 of 2024 23.10.2025 passed by the Additional Sessions Court-I, Kollam, confirming the conviction and modifying the sentence rendered by the Judicial First Class Magistrate Court-IV, Kollam, in the judgment dated 10.07.2024 in ST.

No.212 of 2019.

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 compensation of Rs.2,54,134/-.

3. The complainant/respondent No.2 filed a complaint before the Trial Court alleging that accused/revision petitioner executed Ext.P1 cheque for a sum of Rs.1,46,222/. 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 petitioners 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 No.2 appeared on summons. He pleaded not guilty to the offence alleged.

5. The Assistant Ac

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