LAKSHMI Vs. JAYALAKSHMI

JUDGEMENT

(1.) This petition is filed challenging the judgment and order of conviction passed by the trial Court dated 8.2.2013, passed in C.C. No. 1223/2007 and also the judgment and order passed by the first appellate Court in Crl. A. No. 38/2013 dated 31.5.2014.

(2.) Brief facts leading to filing of the private complaint by the respondent herein is that, accused being friend of the complainant borrowed a sum of Rs. 60,000/- from the complainant on 1.2007, for her legal necessity as a short term hand loan for a period of three months and issued a cheque dated 5.4.2007, of MDCC Bank, Besagarahalli Branch, ensuring repayment of Rs. 60,000/-. Complainant presented the cheque through her banker and the same was dishonoured with the banker's endorsement as funds insufficient. Same was intimated to the accused, but the accused gave a evasive reply. As such, the complainant got issued legal notice to the accused on 14.2007, through RPAD and COP. Same was duly served on the accused, for which, she gave untenable reply. Hence, complainant filed the complaint before the trial Court wherein the complainant was examined as P.W.1 and she has produced the documents Ex. P1 to P7. On the side of the accused, accused herself was examined as D.W.1 and she has produced the documents at Exs. D1 to D9. The trial Court, after appreciating both oral and documentary evidence, held the accused guilty for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 1,00,000/-, in default, to undergo simple imprisonment for a period of 20 days. Being aggrieved by the judgment and order of conviction passed by the ' trial Court, the petitioner herein preferred the appeal before the first appellate Court in Cri. A. No. 38/2013. Even the first appellate Court after re-appreciating the materials, dismissed the appeal, but modified the sentence and the fine amount was reduced to Rs. 65,000/- instead of Rs. 1,00,000/- ordered by the trial Court. Being aggrieved by the judgments and orders of the Courts below, the petitioner is before this Court.

(3.) Heard the arguments of the learned counsel appearing for the petitioner-accused. Respondent and her counsel remained absent.