G. KAMALA Vs. UDAY G. SHETTY

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Criminal Procedure Code, 1973 is against an order of conviction of the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the XIII Additional Chief Metropolitan Magistrate, Bangalore, in C.C. No. 327 of 2008 which has been confirmed by the Presiding Officer of the Fast Track Court-XI, Bangalore City in Criminal Appeal No. 217 of 2011 by an order dated 26-8-2011. The revision petitioner was the accused and the respondent was the complainant before the Magistrate. Towards the discharge of her liability, the accused issued a cheque for Rs. 25,00,000/- in favour of the complainant. On presentation of the cheque for encashment, it came to be dishonoured for the reasons "insufficient funds". The accused was informed of the factum of dishonour of the cheque and called upon to pay the cheque amount within the stipulated period of time. Though the notice was served on the accused, she neither paid the cheque amount nor gave reply to the notice. As such, a complaint came to be registered for the offence punishable under Section 138 of the Negotiable Instruments Act. The accused appeared and pleaded not guilty.

(2.) In order to prove the case, the complainant examined himself as P.W. 1, apart from examining two other witnesses-P.Ws. 2 and 3 and got marked seven documents which are at Exs. P. 1 to P. 7. The accused has not led defence evidence. The learned Magistrate upon hearing both the learned Counsels appearing for the parties and on appreciation of the evidence, by an order dated 17-2-2011 convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced her to pay fine of Rs. 25,10,000/- apart from ordering for the payment of compensation amount of Rs. 25,00,000/- out of fine amount recovered. The Criminal Appeal No. 217 of 2011 filed by the accused against her conviction and sentence before the Presiding Officer, F.T.C.-XI came to be dismissed by an order dated 26-8-2011 while confirming the judgment of conviction and sentence.

(3.) Questioning the legality and correctness of the orders passed by both the Courts below, this revision petition is preferred.