JALAJA Vs. G.VENKTA DURGA SAROJINI

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.50961/2014, in the Court of the learned XIV Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as the "trial Court"). By its judgment dtd. 26/2/2016, the trial Court convicted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act') and was sentenced accordingly.

(2.) The summary of the case of the complainant in the trial Court was that the complainant and the accused and one Suresh, son of accused, were known to each other for the past ten years. The accused and his son approached the complainant for financial assistance of Rs.5.00 lakhs for construction of the third floor in their building and also for alteration of the ground to second floor. As the amount was huge, the complainant sought three months time to arrange for the funds. In the first week of January 2009, the complainant managed to arrange the loan and has paid a total sum of Rs.4,75,000.00. The amount was paid by the complainant from the compensation amount received by her in MVC.No.3237/2001 and MVC.No.3238/2001. The complainant had the LIC policy in her name and she surrendered and got back Rs.18,853.00. The accused assured the complainant that she would repay the loan amount after the completion of construction and the property given on lease or within a period of one year whichever is earlier. The complainant had stated that the loan amount was given to the accused on several dates by cheque dtd. 22/6/2010 bearing No.156428 for a sum of Rs.85,000.00, cheque dtd. 3/12/2009 bearing No.156422 for a sum of Rs.65,000.00, cheque dtd. 19/1/2010 bearing No.156424, for a sum of Rs.7,000.00 and cheque dtd. 31/3/2010 bearing No.156426, for a sum of Rs.10,000.00 and the remaining amount was paid in cash, for which the complainant has received the acknowledgement dtd. 13/8/2010 and 15/8/2010 from the accused. The complainant had also received the post-dated cheques duly signed by the accused and her son. After the completion of the stipulated period, the accused and her son did not repay the amount. Finally, to discharge the outstanding liability, the accused has issued five cheques in question, bearing No.531765, for a sum of Rs.25,000.00, No.964188, for a sum of Rs.10,000.00, No.964200, for a sum of Rs.10,000.00, No.964181, for a sum of Rs.5,000.00 and No.531764, for a sum of Rs.25,000.00, all dtd. 27/7/2013, drawn on Indian Bank, Cantonment Branch, Bengaluru. One cheque bearing No.162284, dtd. 27/7/2013, for a sum of Rs.4,00,000.00 was issued by the accused's son drawn on Vijaya Bank, HBR Layout Branch, Bengaluru. When the said cheques were presented for encashment, the same were returned on 29/7/2013 with an endorsement 'funds insufficient'. The complainant got issued the notice to accused on 24/8/2013 informing them about the dishonour of the cheques and calling upon them to make payment within fifteen days from the date of receipt of the notice. The accused has not repaid the same, which constrained the complainant to institute a criminal case against the accused in the trial Court for the offence punishable under Sec. 138 of N.I.Act.

(3.) Since the accused pleaded not guilty, charges were framed against the accused for the alleged offences.