BHARATHI DINESH POOJARY Vs. ANIL A.V.

JUDGEMENT

(1.) The present petitioner as the accused was tried by the Court of the learned Judicial Magistrate First Class (V Court), Mangaluru, D.K. (hereinafter for brevity referred to as "the Trial Court"), in Criminal Case No.1743/2014, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "the N.I. Act ") and was convicted for the said offence by its judgment of conviction and order on sentence dtd. 12/1/2017.

(2.) The summary of the case of the complainant in the Trial Court was that, at the request of the accused who was a known person to him, the complainant in the month of July 2014, had given a total sum of Rs.6,00,000.00 to her as hand loan. Towards the repayment of the loan amount, the accused had issued him a cheque bearing No.007907 dtd. 18/9/2014 drawn on the Corporation Bank, Konchadi Branch, Mangalore, for a sum of Rs.6,00,000.00 in favour of the complainant. When the said cheque was presented for its realisation, the same came to be returned with the Banker's endorsement 'funds insufficient'. Thereafter the complainant got issued a legal notice dtd. 15/10/2014 to the accused demanding from her the payment of the cheque amount. The said notice came to be returned to the sender with the postal shara 'intimation served - not claimed- returned to the sender'. Since the cheque amount remained unpaid, the complainant was constrained to institute a criminal case against the accused in C.C.No.1743/2014, in the Trial Court, for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The accused appeared in the Trial Court and contested the matter through her counsel. She pleaded not guilty and claimed to be tried, as such, the Trial Court proceeded to record the evidence. To prove his case, the complainant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-9 and closed his side. The accused got herself examined as DW-1 and got marked a single document as Ex.D-1, in her support.