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2026 Supreme(Online)(Ker) 9823

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
EMMANUEL CONSTRUCTIONS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JOSEPH KIRAN D. THEKKEKARA, SRI.ARUN JOSE THOMAS, SHRI.DAVIS PIUS, SHRI.SHINTO SABASTIAN, SHRI.JEO GEORGE, SMT.RESHMA R.NAIR, SMT.CHINNU ROSE MARY THOMAS, SHRI.STANLY STEPHEN, SHRI.THANKARAJ P. M.
For the Respondents: None listed

O R D E R Dated this the 10th day of February, 2026 The challenge in this Crl.Revision Petition is to the judgment dated 27.08.2025 in Crl.Appeal No.69 of 2023 passed by the District & Sessions Court, Thodupuzha, confirming the conviction and the sentence rendered by the Chief Judicial Magistrate, Thodupuzha, in judgment dated 31.07.2023 in C.C No.365 of 2019.

2. The revision petitioner is the 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.2,00,000/-.

3. The case of the respondent No.1/complainant in the complaint filed before the Trial Court is that the accused entrusted the complainant to do the interior and exterior works of his restaurant. The complainant completed the work for Rs.10,00,000/-. 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

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