ADAM Vs. JAYAMALA P.SHETTY

JUDGEMENT

(1.) In this petition filed under Sec. 397 r/w 401 Cr.P.C, the accused has challenged his conviction and sentence for the offence punishable under Sec. 138 of N.I Act, which came to be confirmed by the Sessions Court, by dismissing the appeal filed by him.

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

(3.) Complainant filed the complaint in question alleging that she and accused are known to each other since several years. On 17/8/2008, accused approached the complainant with a request to provide financial assistance in a sum of Rs.1,00,000.00 for business purpose. He agreed to repay the same within a short time. Accordingly, complainant lent a sum of Rs.1,00,000.00. However, accused failed to keep up his promise and went on postponing the repayment. Ultimately on the repeated request and demand by the complainant, accused issued cheque dtd. 23/10/2008. At the request of the accused, complainant withheld presentation of cheque and ultimately after intimating the accused, she presented the cheque through her account on 6/3/2009. However, to her shock and surprise the cheque was returned dishonoured on the ground of "Insufficient funds" in the account of the accused. Therefore, complainant got issued legal notice dtd. 11/3/2009. After service of notice, instead of complying with the same and paying the amount due under the cheque, the accused has sent an evasive reply. Without any alternative complaint is filed.