K. BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the second accused before the trial court.

(2.) The revision petitioner was convicted and sentenced by the courts below under section 138 of the Negotiable Instruments Act (in short, the 'Act').

(3.) The allegation in the complaint is that the accused persons were conducting a jewellery shop under the name and style 'Surya Jewel Park' at Vaikom. The first accused was the Managing Partner and accused Nos.2 and 3 were the partners of the said firm. Towards the discharge of the amount due to the complainant, Ext.P1 cheque was issued by the accused. The said cheque was signed by accused Nos.1 and 2. When Ext.P1 cheque was presented for encashment, it was dishonoured due to two reasons, which are (i) refer to drawer and (ii) account closed. After complying with the statutory formalities, the complaint was filed before the trial court by the complainant.