ORDER

This revision arises from the conviction and sentence in S.T.No.182 of 2010 of Judicial First Class Magistrate Court-I, Kottayam and Crl.Appeal.No.267 of 2014 of the Additional Sessions Court-I, Kottayam in a proceeding under section 138 of the Negotiable Instruments Act.

2. The case of the de facto complainant was that the accused had purchased gold ornaments from the complainant/shop for a sum of Rs.5,44,774/- on 17.10.2009 and towards the discharge of the liability, two cheques were given for a sum of Rs.1,00,000/- and Rs.4,44,774/-. Both the cheques were presented for collection, which were returned dishonoured on ground of insufficiency of funds. Statutory notices were issued but, that were not replied in spite of receipt. The amount was also not paid. Hence, two separate complaints were laid alleging commission of offences punishable under section 138 of the Negotiable Instruments Act. Another case was laid as S.T.No.181 of 2010. Both the cases were tried together and were defended by the accused.

3. To establish the case of the complainant, PWs.1 and 2 were examined. Exts.P1 to P14 were marked. On the side of the accused, DW1 was examined. Trial court on an evaluation of