O R D E R

The challenge in this Crl. Revision Petition is to the judgment dated 04.03.2023 in Crl.Appeal No.28 of 2018 passed by the Additional Sessions Court - III, Thodupuzha, confirming the conviction and modifying the sentence rendered by the Judicial First Class Magistrate Court - II, Kattappana, in judgment dated

26.12.2014 in S.T. No.105 of 2016.

2. The revision petitioner is the sole accused. He has been convicted under Section 138 of the Negotiable instruments Act, 1881 (for short ‘the NI Act’) and sentenced undergo imprisonment till rising of the Court. He was also directed to pay a fine of Rs.1,51,000/-.

3. The complainant/respondent No.1 filed a complaint before the Trial Court alleging that the accused/revision petitioner executed Ext.P1 cheque for a sum of Rs.1,51,000/-. 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 the cheque.

4. The Trial Court took cognizance of the offence under Section 138 of the NI Act. The revision petitioner appeared on summons. He pleaded not gui