JEEVAN PRAKASH M. Vs. LAKSHMAMMA

JUDGEMENT

(1.) Being aggrieved by his conviction and sentence imposed by the trial Court 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, petitioner who is accused is before this Court in this petition filed under Sec. 397 r/w 401 Cr.P.C.

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

(3.) Complainant filed a complaint under Sec. 200 Cr.P.C against accused for the offence punishable under Sec. 138 of N.I Act, contending that she and accused are known to each other since long time. With that acquaintance, accused approached complainant for hand loan of Rs.3.00 lakhs to clear some other hand loans and meet household expenses. He assured to repay the same within six months. 3.1 As per assurance complainant paid Rs.3.00 lakhs on 15/8/2012. In this regard accused issued post dtd. 15/2/2013 cheque for Rs.3.00 lakhs. After six months when complainant informed the accused that she will present the cheque, accused requested two months time. Therefore, complainant presented the cheque on 4/4/2013. However, it was returned unpaid with endorsement "referred to drawer". When complainant brought this to the notice of accused, he did not respond. Therefore, complainant got issued legal notice dtd. 30/4/2013. It is duly served on accused. However, he has neither paid the amount due nor sent any reply and hence, the complaint.