USHA SRIDHAR Vs. G S BISHT

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 24.12.2010 in CC No.82507/2009 on the file of the 14th ACMM, Bangalore, which has been confirmed in Crl. A. No.25013/2011 on the file of the Fast Track Court -III, Bangalore by order dated 22.09.2011 by dismissing the appeal.

(2.) THE revision petitioner was the accused before the Magistrate and the respondent was the Complainant. Complainant filed a complaint contending therein that the accused, who is known to the Complainant and a neighbour, approached the Complainant for a loan amount of Rs.13 lakhs to overcome her financial requirement. The Complainant paid an amount of Rs.13 lakhs to the accused by way of one cheque for Rs.5 lakhs and two cheques for Rs.4 lakhs each. The accused agreed to pay interest @ 18% PA. When the accused failed to pay the interest as well as the principal amount for years together, he called upon the accused to pay the entire amount. Instead of repaying the loan amount accused approached the Complainant and requested to show some concession regarding the rate of interest. As such the Complainant reduced the rate of interest and thereby the accused agreed to pay Rs.20 lakhs inclusive of interest. In pursuance of the same, accused issued a cheque for Rs.20 lakh in favour of the Complainant drawn on ING Vysya Bank Ltd, Indiranagar Branch, Bangalore dated 15.06.2009. On presentation of the cheque it came to be dishonoured for the reason 'insufficient funds'. The Complainant by issuance of a legal noticed dated 09.07.2009 informed the factum of dishonour of the cheque to the accused and called upon her to pay the cheque amount. The notices were sent by RPAD, Courier and under Certificate of Posting. Though the notice was served upon the accused she failed to pay the cheque amount or for that matter to give reply to the legal notice, as such after expiry of the stipulated period for the payment, the Complainant filed a complaint against the accused for the offence punishable under Section 138 of the NI Act.

(3.) THE accused appeared and denied the charge leveled against her. The Complainant to establish the charge got examined himself as PW1 and relied upon 17 documents marked at Ex.P1 to P17. The accused got herself examined as DW1 and marked Ex.D1. The learned Magistrate upon hearing both the learned counsel and upon consideration of the material placed on record found the accused guilty for having committed an offence under Section 138 of the NI Act which resulted in her conviction and sentence. The Crl. A. No.25013/2011 filed by the accused against her conviction and sentence also came to be dismissed upon merits.