C N DINESHA Vs. C G MALLIKA

JUDGEMENT

(1.) This revision petition is filed aggrieved by the judgment of conviction and sentence returned by the trial court thereby sentencing the revision petitioner/accused to undergo simple imprisonment for one year and pay a fine of Rs.5,000/- with default clause in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity 'the Act') and further, directing him to pay compensation of Rs.4,00,000/- to the complainant.

(2.) The appeal preferred against the said judgment was dismissed.

(3.) As the facts unfurl, the complainant issued a demand notice to the accused alleging that, during January, 2006, he requested for a financial assistance of Rs.3,50,000/- and assured to return the amount within three months; he issued a post-dated cheque dated 16.6.2006 bearing cheque No. 003675 drawn on Corporation Bank, Channarayapatna Branch for a sum of Rs.3,50,000/-. The complainant presented the cheque for encashment on 16.6.2006, but it was dishonoured with the endorsement "insufficient fund". Despite service of notice through RPAD, the accused did not repay the loan amount.