ORDER

The concurrent findings of the Judicial First Class Magistrate Court I, Sulthan Bathery, and the Additional Sessions Court (Adhod II), Kalpetta, in ST No.3758/2003 and Crl.Appeal No.139/2005 respectively, convicting and sentencing the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act , are under challenge in this revision.

2. The case against the petitioner is that a cheque for an amount of Rs.30,000/-, which she executed and issued in discharge of a legally enforceable debt, which she owed the de facto complainant/2nd respondent, was dishonoured due to insufficiency of funds, and that the petitioner did not make payment of the cheque amount despite statutory notice issued by the 2nd respondent. Before the Trial Court, the 2nd respondent tendered evidence as PW1 and brought on record 6 documents as Exts.P1 to P6. From the part of the petitioner, she tendered evidence as DW1 and marked 3 documents as Exts D1 to D