A V POOJAPPA Vs. DR S.K.VAGDEVI

JUDGEMENT

(1.) In this petition filed under Sec. 397 r/w 401 Cr.P.C. accused has challenged his conviction and sentence for the offence punishable under Sec. 138 of N.I Act imposed by the trial Court, which is confirmed by the Sessions Court, but it partly allowed appeal reducing the sentence.

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

(3.) It is the case of the complainant that accused is known to her and her family since past several years. In this background, in the first week of April 2012, accused requested the complainant to advance hand loan of Rs.5,50,000.00 for his urgent personal requirement. Taking into consideration the request of the accused, complainant advanced hand loan of Rs.5,50,000.00 on 10/4/2012 i.e, transferred a sum of Rs.5.00 lakhs to the account of the accused through RTGS and paid the remaining Rs.50,000.00 in cash. Accused promised to repay the same during February 2013. On the demand made by the complainant accused issued cheque dtd. 25/2/2013 for a sum of Rs.5,50,000.00. However, when complainant presented the cheque for realisation, it was returned dishonoured as "Funds insufficient". In this regard, complainant got issued a legal notice dtd. 13/3/2013. Despite receipt of the notice, accused has neither paid the amount nor sent any reply, and hence the complaint.