ACHUTHAN K Vs. VALSAN K P

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.T.No.56/2015 on the file of the Court of the Judicial First Class Magistrate-II, Payyannur. Conviction entered and sentence imposed on the revision petitioner concurrently by the trial court as well as the appellate court are challenged in this revision petition.

(2.) The first respondent/complainant instituted the case against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). The allegation raised by the first respondent was that the revision petitioner owed an amount of Rs.7,00,000/- to him and that in discharge of that liability, he issued a cheque dated 21.11.2013 for that amount but the cheque was dishonoured for the reason that there was no sufficient amount in the account of the revision petitioner. It is stated that the first respondent issued a notice to the petitioner demanding payment of the amount of the cheque but he did not pay the amount.

(3.) During the trial of the case, the complainant was examined as PW1 and Exts.P1 to P5 documents were marked on his side. No evidence was adduced by the revision petitioner/accused.