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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
P.C. Asokan – Appellant
Versus
K. Ratheesh – Respondent
| Table of Content |
|---|
| 1. cheque dishonoured due to stop payment and insufficient funds. (Para 2 , 3) |
| 2. challenges to witness competency and cheque endorsement raised. (Para 4 , 5) |
| 3. poa holder has direct knowledge; endorsement not transfer. (Para 6 , 7) |
| 4. conviction upheld, sentence modified to till rising of court. (Para 8) |
O R D E R
The concurrent verdicts of the Judicial First Class Magistrate Court-II, Kannur, and the Additional Sessions Court, Adhoc-II, Thalassery, in C.C.No.212/2003 & Crl.A.No.515/2004 respectively, convicting and sentencing the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act,1881(in short, ‘ NI Act’), are under challenge in this revision petition.
2. The prosecution case is that a cheque dated 09.07.2001 for an amount of Rs.2,00,000/- which the petitioner had issued to the first respondent in discharge of the debt of the said amount, which he incurred with the first respondent, was dishonoured due to the stop payment instruction given by the petitioner, and that it was revealed on enquiry that there was no sufficient funds in the account of the petitioner at the time when the cheque was presented for collection. It is t
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