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2026 Supreme(Online)(Ker) 36246

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHEESAN M.P. – Appellant
Versus
THE STATE OF KERALA – Respondent


THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

(Dated this the 09th day of June, 2026)

1. The challenge in this revision petition is directed against the conviction and sentence imposed on the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the N.I. Act”). The revision petitioner is the accused in S.T. No.2658/2011 on the file of the Judicial First Class Magistrate Court-I, Pala.

2. The case of the complainant, in brief, is as follows: On 7/8/2011, the accused borrowed an amount of Rs. 1,50,000/- from the complainant and, on the same day, the accused issued a post-dated cheque dated 7/11/2011 towards the repayment of the said amount. However, when the said cheque was presented by the complainant for encashment, the same was returned dishonoured on 24/11/2011, stating the reason “funds insufficient”. Then the complainant issued a statutory notice to the accused, intimating the dishonour of the cheque and demanding the cheque amount. Although the accused received the said notice, he has not paid the cheque amount. Thus, the accus

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