M. SHASHIKALA Vs. S. WILFRED

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of XIV Addl. C.M.M, Bengaluru (for short the 'Trial Court) in C.C.No.27573/2012 dtd. 13/3/2014 and the judgment and order passed by the FTC-3, Mayo Hall Unit, Bengaluru (for short the 'Appellate Court') in Crl.A.No.25055/2014 dtd. 22/8/2014.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) Brief facts as revealed from the records that would be necessary for the purpose of disposal of this revision petition are, the respondent - complainant had filed a private complaint before the Trial Court under Sec. 200 of Cr.P.C., against the petitioner herein for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, the ' N.I. Act ') alleging that the petitioner had borrowed a sum of Rs.3,00,000.00 from the respondent for the purpose of business and towards repayment of the same, she had issued a cheque bearing no.475809 dtd. 1/8/2012 in favour of the respondent for Rs.3,00,000.00. The said cheque on presentation for realization was dishonoured with the Bank endorsement "Funds insufficient" and therefore the respondent had issued a statutory demand notice to the petitioner which was duly served on her. However, the petitioner had not replied to the same nor has she paid the cheque amount. Under the circumstance, the respondent had filed private complaint against the petitioner, based on which a case in C.C.27573/2012 was registered against the petitioner before the Trial Court.