ASHWINI. D Vs. P. RAMAKRISHNA

JUDGEMENT

(1.) Heard the petitioner's counsel and also the counsel appearing for the respondent.

(2.) This revision petition is filed against the judgment of conviction for the offence punishable under Sec. 138 of the Negotiable Instruments Act and also against the order of confirmation passed in Criminal Appeal No.1496/2017.

(3.) The factual matrix of the case of the complainant before the Trial Court that the accused had borrowed a sum of Rs.5,00,000.00 as hand loan in order to meet her domestic needs and also other legal necessities since the complainant and accused are family friends. Accordingly, paid an amount of Rs.5,00,000.00 on 5/8/2013 in presence of the witnesses. As an acknowledgement, accused had executed acknowledgment of loan dtd. 5/8/2013 and issued a cheque towards the guarantee. The accused promised to repay the same within six months, but failed to keep up this promise. Accordingly, the complainant has presented the post-dated cheque for encashment through his banker on 24/12/2015 and again it was presented on 15/2/2016 through his banker. The said cheque was dishonoured on 17/2/2016. Hence, a legal notice was issued on 5/3/2016 and the same was served on the accused on 9/3/2016. Despite notice was acknowledged, accused failed to repay the cheque amount and hence complaint was filed.