JIMMY GEORGE Vs. SREEKUMAR

JUDGEMENT

(1.) The petitioner is the accused. The 1st respondent is the complainant. The Judicial Magistrate of the First Class-III, Kochi after trial in C.C.No.466 of 2013 convicted and sentenced the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (N.I.Act). The petitioner preferred an appeal. The Appellate Court as per the judgment dtd. 13/10/2017 allowed the appeal and remanded the case to the trial court. Aggrieved by the said judgment, petitioner has filed this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code).

(2.) Heard the learned counsel for the petitioner, learned counsel for the 1st respondent and the learned Public Prosecutor.

(3.) The 1st respondent filed a complaint alleging that the petitioner committed offence punishable under Sec. 138 of the N.I.Act. The facts stated in the complaint constituting the offence are that the petitioner issued Ext.P2 cheque for making payment of Rs.7,20,000.00 which he owed to the 2nd respondent and the said cheque when presented for encashment was returned unpaid. It was also alleged that despite receiving the demand notice, the petitioner failed to make the payment.