B CHANDRAMATHI Vs. N PRAKASH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by grant of special leave, is directed against the judgment and order dated 19.8.2008 passed by the High Court of Karnataka at Bangalore dismissing Criminal Revision Petition No.639 of 2007 filed by the appellant.

(3.) The appellant-accused obtained a loan of Rs.4 lakhs on 22.7.2002 from the respondent-complainant on execution ofpromissory note and agreed to repay the same with interest at 18% per annum. On 23.10.2002, the appellant issued a cheque bearing No. 069725 for Rs.2 lakhs towards the repayment of the loan amount. When the said cheque was presented to the banker the same was returned with an endorsement "Insufficient Funds." The respondent served a legal notice upon the appellant on 30.10.2002 and called upon her to pay the cheque amount. The appellant replied to the said notice on 12.12.2010 and sought three months time to repay the amount. She did not repay the amount. On the basis of the bounced cheque, the respondent filed a complaint bearing No. CC 1217/03 before the Principal JMFC Court, Davanagere. Learned JMFC convicted the appellant for offence under Section 138 of the Negotiable Instruments Act and sentenced her to simple imprisonment for one year and to pay a fine of Rs.5,000/-. Learned JMFC further directed the appellant to pay compensation of Rs.2,20,000/- to the respondent. On appeal learned Additional Sessions Judge confirmed the order of the trial court. The Criminal Revision Petition filed by the appellant was dismissed by the High Court by the impugned order. The High Court thus confirmed the conviction and sentence of the appellant.