M. SUGUNA Vs. MUNI KRISHNA

JUDGEMENT

(1.) This criminal revision petition is preferred against the judgment dated 24-10-2011 in C.C. No. 4406 of 2008 on the file of the XIII Additional Chief Metropolitan Magistrate, Bangalore, convicting the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and sentencing him to pay a fine of Rs. 6,45,000/- and the judgment dated 4-10-2012 in Criminal Appeal No. 826 of 2011 on the file of the Presiding Officer, Fast Track Court-IX, Bangalore City, whereby the judgment of conviction and sentence passed by the Magistrate came to be confirmed while dismissing the appeal. The petitioner herein was the accused before the Magistrate and the respondent was the complainant. On the request of the accused, the complainant advanced a sum of Rs. 5,00,000/- to the accused by way of cheque which has been duly encashed by the accused. Towards repayment of the loan amount, originally the accused issued three cheques for Rs. 2,00,000/- dated 1-3-2006, Rs. 2,00,000/- dated 1-4-2006 and Rs. 1,25,000/- dated 1-5-2006. Before the said cheques could be presented, the accused sought for some more time for the repayment and thereby she issued a cheque in question for Rs. 6,38,000/- dated 26-11-2007. On presentation of the said cheque, it came to be dishonoured for the reasons "insufficient funds". As such, the complainant issued a legal notice to the accused informing the factum of the dishonour of the cheque and calling upon her to pay the cheque amount within a period of 15 days from the date of service of notice. The accused instead of repaying the cheque amount gave untenable reply which made the complainant to file a complaint against the accused for the offence punishable under Section 138 of N.I. Act.

(2.) The accused having denied the accusation, the complainant in order to prove the charge levelled against the accused, examined himself as P.W. 1 and one P. Rama Bhat as P.W. 2 and marked Exs. P. 1 to P. 15. The accused, on the other hand, got herself examined as D.W. 1. Learned Magistrate upon hearing both the learned Counsel appearing for the parties and upon appreciation of the evidence on record by judgment dated 24-10-2011 convicted the accused for the offences punishable under Section 138 of N.I. Act and sentenced her to pay a fine of Rs. 6,45,000/- apart from ordering for the payment of compensation amount of Rs. 6,38,000/- and in default, to undergo simple imprisonment for a period of one year.

(3.) The judgment of conviction and sentence was questioned in Criminal Appeal No. 826 of 2011 on the file of the Fast Track Court-IX, Bangalore City. Learned Presiding Officer of the Fast Track Court, on reappreciation of the evidence and upon hearing the Counsel appearing for the parties by his judgment dated 4-10-2012 dismissed the appeal while confirming the judgment of conviction and sentence passed by the Magistrate.