SHANAVAS P Vs. BABIN TECHNOLOGIES PVT. LTD

JUDGEMENT

(1.) This revision petition is at the instance of the 2nd accused in ST No.52 of 2013 on the file of Judicial First Class Magistrate-II, Manjeri, assailing the judgment in Crl.Appeal No.299 of 2015 on the file of Sessions Court, Manjeri, which upheld his conviction under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), though his substantive sentence of six months was reduced into a single day till rising of court, while retaining the fine amount and its default sentence.

(2.) ST No. 52 of 2013 was based on a private complaint filed by the complainant/1st respondent, a Private Limited Company, by name M/s.Babin Technologies Pvt.Ltd., for dishonour of Exts. P2 and P3 cheques signed and issued by the revision petitioner (A2) in his capacity as the managing partner of M/s.Fortis Marketing (A1).

(3.) On appearance of the accused before the trial court, particulars of offence was read over and explained, to which they pleaded not guilty. Thereupon, PWs 1 and 2 were examined and Exts.P1 to P11 were marked from the side of the complainant/1st respondent. On closure of complainant's evidence, the accused were questioned under Sec. 313 of Cr.P.C. and they denied all the incriminating circumstances brought on record. Exts.D1 to D5 were marked as exhibits from defence side.