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2026 Supreme(Online)(Ker) 16671

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
MUHAMMED SHANAVAS @ SHANAVAS PALLITHEKKATHIL VEEDU, KADAKKAL P.O, KADAKKAL VILLAGE – Appellant
Versus
IBRAHIM KUNJU NISSAM MANZIL, KUMMIL MURI, KUMMIL VILLAGE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AJAYA KUMAR. G
For the Respondents: SRI JAYAKRISHNAN U., PP

ORDER

The petitioner is the accused in C.C.No.893/2004 on files of the Judicial First Class Magistrate Court-II, Kottarakkara. He was convicted by the learned Magistrate for the commission of offence under Section 138 of the Negotiable Instruments Act , and was sentenced to undergo Simple Imprisonment for three months with a further direction to pay compensation of Rs.4,00,000/- to the complainant/first respondent. The Appellate Court confirmed the above conviction and sentence. Aggrieved by the above concurrent verdicts of the courts below, the petitioner is here before this Court with this revision petition.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The Trial Court relied on the evidence tendered by the first respondent/complainant as PW1, and the documents marked as Exts.P1 to P6 to arrive at the finding that the petitioner committed the offence under Section 138 of the Negotiable Instruments Act , in connection with the dishonour of a cheque for Rs.4,00,000/-, which he issued to the complainant, and his failure to make payment of the cheque amount despite statutory notice issued by the complai

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