SHAMSHAD BEGUM Vs. SMT. ZAHIDA BANU

JUDGEMENT

(1.) CHALLENGING the judgment of conviction and consequential sentence imposed for an offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), the accused being unsuccessful in the criminal appeal, has filed this criminal revision petition. Sri K. Prasanna Shetty, learned advocate appearing for the petitioner contended that Ex.P1 was stolen and the same having not been issued towards any debt or liability, the Courts below have committed error and illegality in finding the petitioner guilty of the offence under S.138 of the Act and in sentencing her to pay fine and in case of default, to undergo S.I.

(2.) SRI Mahesh Kiran Shetty, learned advocate appearing for the respondent, on the other hand, made submissions in support of the view taken by the Courts below and submits that there being concurrent finding of fact with regard to the guilt of the petitioner, no interference in the matter is called for.

(3.) IN view of the rival contentions, point for consideration is, whether the Courts below have committed error and illegality in finding the petitioner guilty of the offence under S.138 of the Act and in sentencing her to pay the fine amount and in case of default, to undergo S.I.?