O R D E R

Revision petitioner is the 1st accused in C.C.No.605 of

1998 on the file of the Judicial Magistrate of the First Class- II, Kochi and the 1st appellant in Crl.A.No.393 of 2001 on the file of the VI Addl. Sessions Court, Ernakulam.

2. The 1st accused was convicted under section 420 IPC and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for two months more. The 2nd accused was acquitted by the trial court. On appeal by the 1st accused, the learned Sessions Judge confirmed his conviction and sentence. He has come up in revision challenging his conviction and sentence.

3. The case of the prosecution was that on February

4, 1998 at about 9 a.m. the 1st accused borrowed a sum of Rs.65,000/- from the de facto complainant (PW1) and to discharge that debt, he issued Ext.P1 cheque on the same day, drawn on the Union Bank of India, Mancheri Branch in the account maintained by the 2nd accused making PW1 believe that it was in the account of the 1st accused and that when the cheque was presented for encashment, it was returned dishonoured for want of sufficiency of funds in the account and also with the