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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
A.VIJAYAKUMAR SREE KESAVAM – Appellant
Versus
P.SUJATHA KUMARI – Respondent
| Table of Content |
|---|
| 1. challenge to conviction under section 138. (Para 1 , 2 , 3) |
| 2. trial court's findings led to the appeal. (Para 4 , 5 , 6) |
| 3. contentions from both sides assessed. (Para 8 , 9) |
| 4. judgment upheld; findings deemed appropriate. (Para 10 , 11 , 12) |
ORDER
Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioner under Section 138 of the Negotiable Instruments Act (for short “N.I. Act”).
2. The revision petitioner is the accused in S.T. No. 279/2007 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram.
3. The case of the complainant is that the accused borrowed a sum of Rs.6,00,000/- from her and, in discharge of the said liability, issued a cheque for the said amount in her favour. However, upon presentation, the cheque was dishonoured on the ground of “funds insufficient.” Thereafter, the complainant issued a statutory notice to the accused informing him of the dishonour and demanding payment of the cheque amount. Despite receipt of the notice, the accused neither paid the amount nor sent a reply. Hence, the accused is alleged to have committed an offence punishable under Section 138 of
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