R.MANIMEHALAL Vs. BANUMATHI

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the dismissal of criminal revision, Crl.R.C.(MD)NO.854 of 2017, in and by which the Madurai Bench of Madras High Court has affirmed the conviction of the appellant under Section 138 of the Negotiable Instruments Act and sentencing her to undergo simple imprisonment for four months and imposing fine amount of Rs.2,000/- the appellant has filed this appeal.

(3.) Case of the respondent-complaint is that on 25.11.2013, the appellant-accused borrowed a sum of Rs.7,00,000/- (Rupees Seven Lakhs) from the respondent-complainant agreeing to repay the same within two months. To discharge the said liability, the appellant issued gave a cheque bearing No.111825 dated 26.12.2013 (Ex.-P1) for a sum of Rs.7,00,000/- in favour of the respondent-complainant. The said cheque when presented before the Bank for collection/clearance, the same was dishonoured by memo/remarks "insufficient funds" and "signature of the drawer differs" (Ex.P2). The respondent-complainant got issued a legal notice (Ex.P3) dated 31.12.2013 to the appellant which was received by the appellant vide acknowledgement (Ex.P4). The appellant sent a reply dated 17.03.2014 (Ex.P5) repudiating the debt. The respondent-complainant thereafter lodge the complaint under Section 138 of the N.I. Act. The appellant entered appearance and contended that the said cheque was not issued to discharge any legally enforceable debt. The appellant also claimed that in connection with a mortgage the appellant's father-in-law and brother-in-law borrowed a sum of Rs.3,00,000/- from one Malliga, sister of the complainant and in that regard they have executed a mortgage in favour of the respondent-complainant's sister. According to the appellant, she issued a blank cheque as a security for the said mortgage debt given by said Malliga.