RAMKUMAR Vs. BEENA VIJAYA KUMAR

JUDGEMENT

(1.) This revision petition under Section 397(1) r/w Sec. 401 of Cr.P.C. is filed against the judgment of conviction and sentence of the petitioner under Section 138 of the Negotiable Instruments Act by an order dated 20.05.2006 in CC No.1267/2005 on the file of the 5th JMFC, Mangalore, D.K. which has been confirmed in Crl. A. No.181/2006 on the file of the Fast Track Court, Mangalore by order dated 20.10.2010.

(2.) The revision petitioner was the accused before the Magistrate and the respondent was the Complainant. Complainant filed a complaint before the Magistrate contending therein that the accused approached her in the month of July 2002 and borrowed a hand loan of Rs.5 lakhs from the Complainant for his urgent financial necessities. Towards repayment of the loan accused issued a cheque dt. 29.12.2004 for Rs.5 lakhs drawn on HDFC Bank Ltd in favour of the Complainant. On presentation of the cheque for collection, it came to be dishonoured for the reason 'account closed'. Complainant issued a legal notice dated 19.01.2005 informing the accused the factum of dishonour of the cheque and called upon him to pay the cheque amount within the stipulated period. Though the notice was received by the accused there was no response nor he paid the cheque amount, which prompted the Complainant to file a complaint against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (in short 'the Act') before the 5th JMFC, Mangalore.

(3.) The accused having denied the accusation for the offence punishable under Section 138 of the NI Act, the Complainant in order to prove her case examined herself as PW1 and marked Exs.P1 to P5. The accused, on the other hand, got himself examined as DW1 and relied upon Exs.D1 and D2.