LAWS(KAR)-2012-1-159

RANJITHA. P. RAJANAL, W/O PRADEEP. S. RAJANAL, R/A NO. 104/B, KPWD RESIDENTIAL QUARTERS, JEEVAN BHIMA NAGARA, BANGALORE 560075 Vs. SRI K.K. SHEKAR, S/O KUPPASWAMY

Decided On January 04, 2012
Ranjitha. P. Rajanal, W/O Pradeep. S. Rajanal, R/A No. 104/B, Kpwd Residential Quarters, Jeevan Bhima Nagara, Bangalore 560075 Appellant
V/S
Sri K.K. Shekar, S/O Kuppaswamy Respondents

JUDGEMENT

(1.) THIS Criminal Revision Petition is by the accused, who suffered conviction in respect of the offence under Section 138 of the Negotiable Instruments Act at the hands of the trial court and the lower appellate court dismissed the appeal preferred by her confirming the trial court's verdict.

(2.) THE case of the respondent complainant is that, the petitioner approached him for hand loan of Rs. 75,000/ - and one week after the request, he gave Rs. 75,000/ - by cash to the petitioner and she issued a cheque for Rs. 75,000/ - on 28.12.2007. The said cheque, on presentation, was returned with the endorsement "insufficient funds". A notice was issued to the petitioner by the complainant and on getting no reply, the complainant approached the trial court under Section 200 of the Cr.P.C. alleging the offence under Section 138 of the N.I.Act.

(3.) THE learned trial judge after evidence appreciation, accepted the case of the complainant and the petitioner was convicted under Section 138 of the N.I. Act and was directed to pay Rs. 75,000/ - as fine and in default to undergo S.I. for six months. The appeal preferred by the petitioner was also dismissed.