H.N.SUJATHA Vs. P.C. SHIVARAJU

JUDGEMENT

(1.) Being aggrieved by the dismissal of her complaint filed under Sec. 200 Cr.P.C. against the respondent/accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act'), by the Sessions Court, thereby reversing the judgment and order of conviction imposed by the Trial Court, appellant who is the complainant has filed this appeal under Sec. 378(4) of the Criminal Procedure Code.

(2.) For the sake of convenience, the parties are referred to by their rank before the Trial Court.

(3.) It is the case of the complainant that accused is no other than her husband. Both of them are working as teachers in Government Primary School. Due to some misunderstanding, they are living separately. However, when they were living together, at the instance of accused, she borrowed loan of Rs.50,000.00 from UCO Bank and Rs.25,000.00 from BDCC Bank and gave it to the accused. She also paid a sum of Rs.1,25,000.00 as hand loan to the accused to clear hand loans incurred by him. On her repeated request and demand, accused issued her a cheque for Rs.2,00,000.00 towards the entire amount due to her. However, when she presented the same for realisation, it was dishonoured on the ground of insufficiency of funds. She got issued a legal notice to the accused. Instead of complying with the said notice, accused has sent an evasive reply. Without any alternative, she is forced to file this complaint.