B.B. SUBBAMMA Vs. MUJEEB AHAMED

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) THE petitioner was the accused before the Trial Court, in a case alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the NI Act", for brevity). It was the case of the complainant/respondent that the petitioner had borrowed a sum of Rs. 2,50,000/ - and in repayment of the same, had issued a cheque bearing No. 778732 dated 23.3.2007 drawn on Canara Bank, Madikeri, which when presented for encashment was returned with the banker's endorsement that the funds were insufficient in the account. Thereafter, the complainant had issued a notice of demand as contemplated under Section 138 of the NI Act. When the demand was not met, a complaint followed. The petitioner herein having entered appearance had denied the liability. It was held against the petitioner and she was convicted and sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 2,000/ -. The compensation of Rs. 5,00,000/ - was awarded under Section 357 the Code of Criminal Procedure, 1973. There is an unexplicable order that out of the compensation amount a sum of Rs. 1,00,000/ - shall be paid as fine to the State. The same having been questioned in appeal, the Appellate Court has merely affirmed the judgment of the Trial Court. It is this, which is under challenge in the present petition.