2026/KER/41753

2026:KER:41753 Crl.Appeal No.897/2007 2

“C.R”

A. BADHARUDEEN, J.

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Crl.Appeal No.897 of 2007

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Dated this the 11th day of June, 2026

1. Judgment in S.T.1898/2005 dated 24.01.2007 on the files of Judicial First Class Magistrate Court, Kunnamangalam, is under challenge in this appeal filed by appellant, who is the complainant in the above case.

2. Heard the learned counsel for the appellant/complainant and the learned counsel appearing for the 1st respondent/accused. Also heard the learned Public Prosecutor representing State of Kerala. Perused the judgment under challenge and the records of the trial court.

3. The complainant launched prosecution alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act (`NI Act' for short) by the accused, when cheque for Rs.90,000/- issued to discharge the liability of Rs.90,000/- alleged to be borrowed by the accused from the complainant got dishonoured when it

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was presented for collection.

4. The learned Magistrate ventured the matter and recorded evidence. PW1 was examined.