V G SARAF AND SONS Vs. H RANJITH

JUDGEMENT

(1.) Leave Granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court allowing the revision petition filed by the Cr. A. No. 468 of 2009 (Arising out of S.L.P (Crl.) No. 2219 of 2008 respondent NO.1 questioning his conviction for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short the 'Act'). The High Court held that the conviction entered and the sentence imposed by the Courts below were not sustainable and accordingly allowed the revision petition.

(3.) The primary stand of the appellants in this appeal is that the High Court erred in acquitting the accused on the ground that Ex.P6, Bill represents only for RS.1,61,000/- and that the EX.P1 chaque was for a sum of Rs.1,86,606.95. It is pointed out that the evidence of P.W.I the complainant was to the effect that accused was liable to pay a sum of RS.1,81,256.75 and the cash discount and sales tax. It is the case of the appellants that the High Court misread the evidence of P.W.1 to set aside the concurrent findings recorded by the Courts below.