P M PRABHAKARAN Vs. V SIVAPRASAD

JUDGEMENT

(1.) NOTICE to the 1st respondent is dispensed with in view of the decision I proposed to take in this revision petition. Learned Public Prosecutor takes notice for the 2nd respondent.

(2.) THIS revision is in challenge of judgment of learned Additional Sessions Judge, Fast Track (Adhoc-I), Kozhikode in Crl.Appeal No.69 of 2010 confirming conviction and sentence of petitioner in C.C.No.288 of 2008 of the court of learned Judicial First Class Magistrate-IV, Kozhikode for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act")

(3.) ACCORDING to the petitioner, Ext.P1, cheque was given to one Babu who is a driver by profession and running the vehicle for BSNL on contract basis. Petitioner had borrowed Rs. 5,000/- from the said Babu. The signed blank cheque given to Babu was misused.