IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
MANIKANDAN PILLAI MANI ENTERPRISES – Appellant
Versus
THE EXECUTIVE DIRECTOR NAPC – Respondent
| Table of Content |
|---|
| 1. challenge to conviction for cheque dishonour. (Para 1 , 2) |
| 2. review of arguments and findings from lower courts. (Para 4) |
| 3. revisional jurisdiction constraints and rationale. (Para 5) |
| 4. final ruling on dismissal of revision. (Para 6) |
ORDER
The concurrent verdicts of Judicial First Class Magistrate Court II, Muvattupuzha and the Additional Sessions Court, Muvattupuzha, in CC No.20/2008 and Crl.Appeal No.468/2014 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 petition.
2. The prosecution case relates to the dishonour of a cheque of Rs.31,225/- executed and issued by the petitioner/accused to the complainant in discharge of a legally enforceable debt, and the failure of the petitioner to make payment of the cheque amount despite the receipt of statutory notice. Before the Trial Court, the authorised representative of the complainant was examined as PW1, and 7 documents were marked as Exts. P1 to P7. The accused did not opt to adduce any defence evidence. After evaluation of the aforesaid evidence, the learned Magistrate arrived at the find
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