SMT. KOUSALYA Vs. SMT. LEELAVATHY

JUDGEMENT

(1.) This revision petition is filed under Section 397 read with section 401 of the Code of Criminal Procedure, 1973 ('Code' for short) calling in question the legality and correctness of the judgment and order dated 14.01.2011 passed by the learned Sessions Judge at Bangalore in Criminal Appeal No. 25012/2010, whereby the judgment and sentence passed by the learned Magistrate in C.C. No. 28570/2007 dated 29.12.2009 has been confirmed, dismissing the appeal. Briefly stated the facts are, the complainant filed a private complaint under Section 200 of the Code alleging the committal of offence punishable under section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) by the accused. It was alleged before the Trial Court that the accused during the month of December 2006 approached the complainant and requested for financial assistance of Rs. 1 lakh as hand loan and assured to repay the same within three months, which was acceded to by the complainant. The complainant advanced the said sum of Rs. 1 lakh to the accused towards which the accused issued a post dated cheque bearing No. 429925 dated 1.3.2007 for a sum of Rs. 1 lakh. On presenting the same for encashment through her banker, the said cheque was dishonoured and returned with an endorsement 'funds insufficient'. The complainant got issued a legal notice on 16.3.2007 which was duly served. But the accused not making the payment demanded, proceedings were initiated under Section 138 of the Act before the Trial Court by filing the private complaint.

(2.) On service of summons, the accused appeared before the court and having not pleaded guilty, claimed to be tried. The complainant got examined herself as PW-1, marked exhibits P1 to P6. The statement of the accused under Section 313 of the Code was recorded. In further defence, the accused got herself examined as DW-1 and further examined other witnesses DWs 2 to 7.

(3.) After considering the material evidence on record, the Trial Court convicted the accused for the offence punishable under Section 138 of the Act and passed an order of sentence to pay a fine of Rs. 1,05,000/-, in case of default, to undergo simple imprisonment for three months. If fine is deposited, a sum of Rs. 1,00,000/- shall be paid to the complainant as compensation.