MANGALA G. Vs. LAKSHMI B.

JUDGEMENT

(1.) Heard the learned counsel for revision petitioner and also the learned counsel for respondent in both the revision petitions.

(2.) These two revision petitions are filed against the concurrent finding of conviction and sentence and taken up together since complaint is same and accused persons are different but same set of facts and defenses in both the matters. Hence, taken up for common disposal.

(3.) The factual matrix of case of Crl.R.P.No.1084/2019 wherein complainant while filing the complaint invoked offence punishable under Sec. 138 of Negotiable Instruments Act. It is contended that complainant and accused well known to each other since several years and complainant during the month of 2nd week of June-2015, took financial help to the tune of Rs.5,00,000.00 to fulfill the accused domestic necessities and promised to pay the amount within 4 months, but fail to pay the amount and hence on demand, the subject matter of Cheque dtd. 15/11/2015 was issued and the same was dishonored with an endorsement ' funds insufficient ' and legal notice was given. The notice was returned with an endorsement 'addressee refused' and notice sent through speed post is not returned despite the receipt of notice, accused has neither paid the Cheque amount nor replied to the same and hence filed the complaint and cognizance was taken and the accused was summoned before the Court and he did not plead guilty and hence, the complainant himself examined as PW1 and got marked Ex.P1 to Ex.P10 and accused was also subjected to 313 statement and the accused examined himself as DW1. The Trial Court having considered both oral and documentary evidence placed on record, convicted the accused and sentenced a Rs.5,25,000.00. Being aggrieved by the said judgment of conviction and sentence, an appeal is filed in Crl.A.No.2439/2018. The First Appellate Court on re-appreciation of material on record, confirmed the judgment of Trial Court.