SHIRA BANU Vs. LYNAL PINTO

JUDGEMENT

(1.) THE petitioner herein who is accused in C. C. No. 848/2003 has challenged the legality and correctness of the impugned judgment and order of conviction and sentence passed in the said case by the learned Addl. Civil Judge (Jr. Dn.) and JMFC. , Puttur, dakshina Kannada (hereinafter referred to as the "trial Court" for short) convicting this petitioner accused for the offence punishable under Section 138 of the Negotiable Instruments act ("n. I. Act" for short) and sentencing him to pay a fine of Rs. 27,000/ -. She has also challenged the judgment dated 3-7-2007 passed in Cri. A. No. 183/06 on the file of the learned I Addl. Sessions Judge, Dakshina kannada, Mangalore (hereinafter referred to as the "appellate Court" for short) confirming the said judgment and order of conviction and sentence passed by the trial Court.

(2.) THOUGH this case was listed on 5-9-2008 for admission it was taken for final disposal with the consent of the learned counsel appearing for both sides and their arguments on merits were heard in part and then the case was adjourned to 22-9-2008. Further arguments of the learned counsel for the petitioner were heard on 22-9-2008. Since the learned counsel for the respondent-1 was not present his arguments came to be taken as heard and the case is listed today i. e. , 25-9-2008 for dictating order. Today, arguments of Sri gangadharaiah, the learned counsel for respondent-1, are heard. Perused the impugned judgments and also the entire material on record in the said case obtained from the trial Court.

(3.) HAVING heard both the sides the point that arises for my determination is,