MAVILI PRABHAKARAN Vs. JICKY JOHN; STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner impugns the concurrent findings of the courts below in a proceeding under Section 138 of the Negotiable Instruments Act.

(2.) The first respondent herein laid a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by the revision petitioner herein/accused before the courts below for a sum of Rs.7,00,000/- towards the discharge of a legally enforceable debt was dishonoured. The accused contested the proceeding, inter alia, contending that the cheque was not signed by him and that it was not drawn on the account maintained by him. This contention was rejected by the trial court. This was carried in appeal in Crl.A.No.617 of 2008. Same contention, along with other contentions raised by the revision petitioner before the appellate court was also not accepted by the appellate court, which concurred with the finding of the trial court.

(3.) Contending that both the Courts have failed to take note of essential ingredients under Section 138 of the Negotiable Instruments Act and thereby committed serious irregularity resulting in arriving at faulty conclusion, this revision has been preferred.