DIVYA SHREE K.V. Vs. R.RAJA

JUDGEMENT

(1.) The Revision Petitioner has filed this Revision petition against the judgment of conviction and order of sentence dtd. 14/8/2014 passed in CC No.26092 of 2011 by the V Additional Small Causes Judge and XXIV Additional Chief Metropolitan Magistrate, Mayo Hall Court, Bengaluru (for brevity, hereinafter referred to as the "trial Court"), which is confirmed by order dtd. 31/3/2016 passed in Criminal Appeal NO.998 of 2014 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (for brevity, hereinafter referred to as the "Appellate court").

(2.) For the sake of convenience, the parties in this revision petition are referred to as per their status and rank before the trial Court.

(3.) Brief facts of the case are that, the accused and complainant are known to each other since many years and accused approached the complaint for hand loan in a sum of Rs.60,300.00 in order to overcome her urgent financial difficulties and other necessities. Hence, the complainant has paid an amount of Rs.60,300.00 to the accused as loan. At the time of receiving the said amount, for the repayment of the same, the accused has issued Cheque bearing No.571381 dtd. 31/3/2010, drawn on CitiBank NA Bangalore, for a sum of Rs.60,300.00 in favour of the complainant, by assuring that the cheque will be honoured on its presentation. The complaint presented the same for encashment through his Banker Punjab National Bank, Vimanapura Branch, Bangalore but the same was returned on 2/7/2010 with an endorsement "insufficient funds". The complainant got issued legal notice to the accused through his counsel through RPAD and also under UCP on 14/7/2010 by intimating about the dishonour of the cheque and also calling upon her to pay the cheque amount within 15 days from the date of receipt of the said notice. The said notice sent to the accused through RPAD dtd. 16/7/2010 and UCP dtd. 17/7/2010, returned with an endorsement "refused". Even after receipt of notice, accused has neither replied nor paid the cheque amount. Hence, the complainant has lodged complaint under Sec. 138 of the Negotiable Instruments Act, 1881.