V.KAMALAMMA Vs. VENKATALAKSHMAMMA

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs. N.I.Act'), the learned XV Addl.Chief Metropolitan Magistrar, Bengaluru City, (hereinafter for brevity referred to as Rs. trial Court'), in C.C.No.28033/2005, pronounced the judgment of conviction, convicting the present respondent/accused on 13.6.2008. Against the same, the present respondent, as an accused, preferred Criminal Appeal No.553/2008, before the learned Fast Track (Sessions) Judge-V, Bengaluru City, (hereinafter for brevity referred to as Rs. lower Appellate Court'), which by its impugned judgment dated 5.8.2010, allowed the appeal and set aside the judgment of conviction passed by the trial Court. It is challenging the judgment of acquittal passed by the lower Appellate Court, the appellant/complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the complainant and the accused are working in the same department. At the request of the accused, the complainant gave her a hand loan of Rs. 1,50,000/- to meet her urgent need. The accused had agreed to repay the same within six months. However, the accused failed to repay the amount as promised. At the demand made by the complainant for the repayment of the loan, the accused issued a cheque bearing No.726163, dated 25.5.2005, drawn on Corporation Bank, S.C.Road, Bengaluru, for a sum of Rs. 1,20,000/- in favour of the complainant towards partial discharge of the loan amount. When presented for realisation, the said cheque came to be dishonoured with the reason "funds insufficient". Thereafter, the complainant got issued a legal notice to the accused demanding the payment of the cheque amount, which demand was also not met by the accused. Thus, it constrained the complainant to institute a criminal case against the accused/respondent for the offence punishable under Section 138 of N.I.Act.

(3.) In order to prove her case, the complainant got herself examined as PW-1 and got marked documents from Exs.P-1 to P-7. The accused got herself examined as DW-1 and got examined her husband - Sri G.Murali as DW-2 and three other witnesses as DWs.3 to 5 i.e., SriB.Suresh, Sri Ranghadhama and Smt.Susheelamma respectively and got marked a Passbook pertaining to her alleged bank account at Ex.D-1. After hearing both side and appreciating the evidence led before it, the trial Court by its impugned judgment dated 13.6.2008, convicted the accused for the alleged offence and sentenced her accordingly.