CHANDRAMMAL Vs. R PADMAVATHY

JUDGEMENT

(1.) This revision petition is against the Judgment of conviction and sentence passed by the XIII Additional Chief Metropolitan Magistrate, Bangalore dated 06.01.2001 in C.C.No. 14022/1999 convicting the 2nd accused-petitioner No.2 herein for an offence punishable under Section 138 of the Negotiable Instruments Act and sentencing her to undergo simple imprisonment for one month and to pay fine of Rs.1,50,000/-, in default of payment of fine, to undergo simple imprisonment for one month, which order of conviction and sentence is confirmed by the Fast Track (Sessions) Judge-Ill Bangalore City by the Judgment dated 04.04.2005 in Crl.A.No. 102/2001.

(2.) The brief facts of the case are that the accused-petitioner herein borrowed a stun of Rs.1,21,280/- from the complaint and towards repayment of the same, she issued cheque as at Ex.P.l. On presentation of the cheque for realization, It was returned with banker's endorsement "Insufficient funds". After receipt of bankers endorsement, legal notice was sent, as the petitioner failed to make payment despite service of notice, a complaint came to be filed under Section 200 Cr.P.C, for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) In support of her case, the complainant examined herself as PW.1 and got marked Ex.P.l to 9. On behalf of the accused-petitioner herein, apart from examining herself as DW. 1, she got examined two more witnesses as DWs. 2 and 3 and got marked Ex.D.l. The Courts below, on appreciation of the oral and documentary evidence In a proper perspective have arrived at a conclusion that the accused-petitioner herein is guilty of having committed the offence punishable under Section 138 of N.I. Act and sentenced him as stated above.