VIOLET MENEZES Vs. SANNANAYAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) The factual matrix of the case is that, the son of the complainant by name Kantharaju who is aged about 19 years was working as a coolie under the accused since one year in her form house namely Meenakshi Garden Resorts Private Limited, Kethahalli, H.D.Kote Taluk. On 5/9/2009 at about 8.00 am., the complainant's son died inside the form house of the accused due to electric shock. The accused had unauthorizedly given electric connection in order to protect crops from wild animals. As a result, the complainant gave a complaint and the police registered the case for the offences punishable under Sec. 304 of IPC r/w Ss. 39, 44 and 135 of Indian Electricity Act against the petitioner in Crime No.249/2009. On the spot, the accused had agreed to pay compensation of Rs.3,50,000.00 and paid cash of Rs.15,000.00 to the complainant and the accused in all issued four cheques to the complainant. Out of the said four cheques, two cheques were encashed by the complainant and received Rs.1,00,000.00. When remaining cheques were presented for encashment, those cheques were dishonoured on the ground of "funds insufficient". Immediately, the complainant contacted the accused and the accused requested the complainant to present the said cheques in the last week of December, 2009. Accordingly, when two cheques were presented, the said cheques were dishonoured with endorsement "payment was stopped by the drawer". Hence, legal notice was issued and even after issuance of legal notice, the accused did not repay the amount. Hence, the complaint was filed, took cognizance and the complainant himself was examined as P.W.1 and got marked the documents at Exs.P.1 to P.10. The accused/petitioner herein was examined as D.W.1 and examined two more witnesses as D.W.2 and D.W.3 and got marked the documents at Exs.D.1 to D.6.

(3.) The trial Court after considering the material on record has convicted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 and ordered to pay fine of Rs.3,75,000.00 and out of fine amount, Rs.3,70,000.00 was ordered to pay to the complainant and Rs.5,000.00 was ordered to adjust towards the expenses of the State. Being aggrieved by the said judgment of conviction and order of sentence, Crl.A.No.162/2012 was preferred before the Appellate Court. The Appellate Court on re-appreciation of both oral and documentary evidence has allowed the appeal-in-part and ordered to pay fine of Rs.3,00,000.00 and out of fine amount, Rs.2,95,000.00 was ordered to be paid to the complainant and remaining Rs.5,000.00 was ordered to be paid towards the expenses of State. Being aggrieved by the said order, the present revision petition is filed before this Court.