N.PADMAVATHI Vs. D.RAJANNA

JUDGEMENT

(1.) Being aggrieved by her conviction and sentence for the offence punishable under Sec. 138 of N.I. Act by the trial Court, which came to be confirmed by the Sessions Court, by dismissing the appeal filed by her, accused has come up with this revision petition under Sec. 397 r/w 401 Cr.P.C.

(2.) For the sake of convenience, the parties are referred to by the rank before the trial Court.

(3.) It is the case of the complainant that the accused and her husband are known to the complainant and his wife since several years. In the first week of March 2014, accused requested the complainant to lend her Rs.5.00 lakhs to meet their financial difficulties. She agreed to repay the same within a period of one year with interest at 15% p.a. However, complainant could only arrange for Rs.4.00 lakhs and paid the same on 25/3/2014. Despite repeated request and demand, accused failed to pay either the principle or the interest and ultimately during November 2016, accused issued a cheque for Rs.4.00 lakhs with an assurance that it would be honoured on presentation. However, on 2/11/2016, when complainant presented the said cheque for encashment, it was returned dishonoured on the ground "Funds insufficient". Complainant got issued a legal notice. Though the notice is served, the accused has neither paid the amount due nor sent reply and without any alternative the complaint is filed.