DINESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.T.No.57 of 2010 on the files of the Court of the Judicial Magistrate of First Class -II, Thodupuzha has filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act ('N.I.Act' for short).

(2.) The prosecution allegation is that the revision petitioner executed Ext.P3 cheque in favour of the complainant towards the discharge of the liability of the revision petitioner to the complainant. The said cheque was dishonoured due to insufficiency of funds in the account of the revision petitioner, when it was presented for encashment. Statutory notice was received by the revision petitioner.

(3.) Before the trial court, PW1 was examined and Exts.P1 to P9 were marked for the complainant. No evidence was adduced from the side of the revision petitioner.