AMBIKA C Vs. KALAVATHI JAISHANKAR

JUDGEMENT

(1.) The present petitioner who was the accused in C.C.No.8822/2017 in the Court of the XVI Additional Chief Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity referred to as "the Trial Court"), was convicted by the Trial Court on the complaint filed by the present respondent, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "the N.I. Act ") under the judgment dtd. 8/6/2008.

(2.) The summary of the case of the complainant in the Trial Court was that, the husband of the accused was a Film Director, by name Sri. Sathyanarayana. The family of the accused was well known to the complainant. The accused and her husband used to frequently raise small amounts of hand loan to an extent of Rs.20,000.00, Rs.50,000.00 Rs.1,00,000.00 from the complainant and used to repay the same. In the said process, when their acquaintance became thicker with each other, the accused and her husband requested for a loan of Rs.3,00,000.00 from the complainant for the reason of the husband of the accused producing a Film, however, the complainant could able to arrange only a sum of Rs.2,85,000.00 as hand loan, which was given to them by cash in the first week of November 2016. In spite of the lapse of the stipulated period, since the accused did not pay the loan back even at the demand of the complainant, the accused issued a post-dated cheque bearing No.378596 dtd. 17/2/2017, for a sum of Rs.2,85,000.00 drawn in favour of the complainant on State Bank of Hyderabad, J.P. Nagar Branch, Bengaluru, towards the discharge of her liability. The said cheque when presented for its realisation, came to be returned with the Banker's endorsement 'funds insufficient'. Thereafter, in spite of issuance of legal notice, demanding the payment of the cheque amount, since the accused failed to pay the cheque amount, the complainant was constrained to institute a criminal case against the accused in C.C.No.8822/2017, in the Trial Court, for the offence punishable under Sec. 138 of the N.I. Act.

(3.) After contest, the Trial Court convicted the accused for the alleged offence and sentenced her to pay a fine of Rs.3,25,000.00, out of which, Rs.3,15,000.00 was ordered to be payable to the complainant as compensation and remaining sum of Rs.10,000.00 was ordered to be adjusted towards the cost to the State Exchequer.