LAKSHMAMMA Vs. DEVAMMA

JUDGEMENT

(1.) The petitioner was the accused in the Court of learned Prl. I Civil Judge and JMFC at Mysuru (hereinafter referred to as 'the Trial Court) in C.C. No.788/2008 who was tried for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act').

(2.) The summary of the case of the complainant in the Trial Court is that the accused who was acquainted with her had borrowed a sum of Rs.60,000.00 on 1/5/2007, another sum of Rs.35,000.00 on 12/7/2007 and one more sum of Rs.55,000.00 on 18/9/2007 agreeing to repay the entire amount within a short period of time. However, since the accused did not return the said money, at the demand made by the complainant the accused issued a post-dated cheque bearing No. 130273 dtd. 1/2/2008 for a sum of Rs.75,000.00 drawn on State Bank of Mysore, Medical College Extension Counter, Mysore, in favour of the complainant. When the complainant presented the said cheque for realisation on 1/2/2008 through her banker, the same came to be dishonoured with banker's endorsement "insufficiency of funds" on 8/2/2008. It is thereafter the complainant got issued a legal notice to the accused demanding the cheque amount. Since the accused neither replied to the notice nor met the demand, the complainant instituted a case against her for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The Sessions Judge's Court's and the Trial Court records were called for and the same are placed before the Court. Heard the arguments of learned counsels for the parties and perused the materials placed on record.