DEEPARANI Vs. A. RUPESH KUMAR

JUDGEMENT

(1.) This revision petition is filed by the petitioner-accused being aggrieved by the judgment and order of conviction dated 26.6.2014 passed by the XVIII ACMM Court at Bengaluru in C.C. No.22896/2011 so also the judgment and order of confirmation dated 22.1.2015 passed by the Fast Track Sessions Judge, FTC-05, Bengaluru City in Cri.A. No.748/2014.

(2.) By the judgment and order of conviction, the trial Court convicted the revision-petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act and sentenced her to pay fine of Rs. 5,30,000.00. Being aggrieved by the judgment and order of conviction and sentence imposed, when the accused preferred an appeal, the first appellate Court also, after considering the materials placed on record, dismissed the appeal confirming the judgment and order of conviction passed by the trial Court. Hence, this revision petition by the accused.

(3.) Brief facts of the case of the complainant in brief are that, the complainant had agreed to take the house of husband of petitioner-accused on lease basis for Rs. 5,50,000. The respondent-complainant has paid Rs. 4,60,000.00 to the husband of the accused-petitioner. It was agreed to pay the remaining amount of Rs.90,000.00 at the time of handing over the possession of the property. He has executed the lease agreement to that effect. The revision-petitioner-accused is an attesting witness to the said agreement. The husband of the revision-petitioner-accused has not handed over the possession of property to the respondent-complainant as per the lease agreement. The respondent-complainant has requested the husband of the revision-petitioner-accused to re-pay the lease amount of Rs. 4,60,000.00. At that time the revision-petitioner-accused on behalf of her husband, has given cheques to the respondent-complainant towards discharge of the said amount.