IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
BINOJ – Appellant
Versus
BRIGHT TRADERS – Respondent
ORDER
The challenge in this Crl.Revision Petition is to the judgment dated 18.06.2025 in Crl.Appeal No.90 of 2024 passed by the Sessions Court, Thalassery, confirming the conviction and sentence rendered by the Judicial First Class Magistrate Court-I, Kannur, in judgment dated
19.04.2024 in S.T No.1555 of 2018.
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 to undergo imprisonment till rising of the Court. He was also directed to pay a fine of Rs.3,00,000/-.
3. Respondent No.1/complainant filed a complaint before the Trial Court alleging that the revision petitioner/accused executed Ext.P1 cheque for a sum of Rs.1,50,000/-. 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 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 guilty to the offence alleged.
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