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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NAHAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction based on dishonored cheque under section 138. (Para 2 , 3 , 4) |
| 2. judicial review confines to errors in law or material misreading. (Para 5 , 6 , 7) |
| 3. revision dismissed; conviction upheld. (Para 8) |
O R D E R
The challenge in this Crl. Revision Petition is to the judgment dated 01.12.2023 in ST. No.84 of 2019 of the Chief Judicial First Class Magistrate Court, Kollam, which has been confirmed by the Additional Sessions Court - III, Kollam, in the judgment dated 28.10.2025 in Crl.Appeal No.01 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.1,87,339/-.
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.1,87,339/. 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.
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