VIBIN MELEPPURAM Vs. DENNY THOMAS

JUDGEMENT

(1.) The petitioner is the accused in S.T.No.4042 of 2016 on the files of the Judicial Magistrate of the First Class, Chalakkdy. He was convicted and sentenced for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (N.I.Act). His appeal before the Sessions Court, Thrissur was dismissed. Hence, he 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, the learned counsel for the 1st respondent and the learned Public Prosecutor.

(3.) The 1st respondent filed a complaint alleging that in discharge of the money due from the petitioner, he had issued a cheque for Rs.24.00 lakhs to the 1st respondent on 24/3/2015. When the cheque was presented for encashment, it was returned unpaid for want of sufficient funds in the account of the petitioner. A demand notice was sent and inspite of receipt of the same, the money due under the cheque as not paid.