O R D E R

The accused in a prosecution for an offence u/s.138 of the Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below.

2. The case of the complainant is that towards the discharge of the debt due to the complainant, the accused issued a cheque dated 8.1.2004 for an amount of Rs.16,267/-, which when presented for encashment dishonoured for want of sufficient fund in the account maintained by the accused and the cheque amount was not repaid in spite of a formal demand notice and thus the revision petitioner has committed the offence punishable u/s.138 of the Negotiable Instruments Act. With the said allegation, the complainant approached the Judicial First Class Magistrate-I, Aluva by filing a formal complaint, upon which cognizance was taken u/s.138 of the Negotiable Instruments Act and instituted C.C.No.1153/2004. During the course of the trial, the complainant himself examined as PW1 and produced Exts.P1 to P7 documentary evidences. Even though there was no defence witness, the accused has produced Exts.D1 and D2 series of documentary evidences. On the basis of the available materials and e