SYED ALAVI Vs. E.V. RAMADEVAN

JUDGEMENT

(1.) Dated this the 11th day of February, 2022 This revision petition has been filed against the judgment dtd. 10/11/2006 passed by the Additional Sessions Court, Fast Track -1, Palakkad (for short, the appellate Court) in Crl. Appeal No. 362/2003 confirming the judgment dtd. 4/8/2003 passed by the Judicial First Class Magistrate-1, Palakkad (for short, the trial court) in CC No. 321/2002.

(2.) The revision petitioner is the accused. The 1st respondent is the de facto complainant.

(3.) A complaint was filed by the 1st respondent for prosecuting the revision petitioner for an offence punishable u/s 138 of the Negotiable Instruments Act (for short, the NI Act). The 1st respondent was the Managing Partner of M/s. Sirton Company. The revision petitioner is the proprietor of Sasin Electronics. Admittedly there were business deals between them. It was alleged that the revision petitioner issued Ext.P1 cheque for a sum of Rs.35,716.00 to the 1st respondent towards the credit purchase made by him as per Ext.D1 invoice. The cheque on presentation was dishonored for the reason "exceeds arrangement". Even though Ext.P4 statutory notice u/s 138B of the NI Act was issued, there was no compliance. Hence, private complaint was instituted.