MS. SAVITA Vs. STATE & ANR.

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C. ") has been filed by the petitioner against the judgment dated 28.02.2015 passed by the learned Additional Sessions Judge, Karkardooma Court, Delhi vide which the appeal against the conviction has been dismissed.

(2.) The facts, in brief, are that the complainant-Rajesh Garg (respondent no.2-herein) filed a complaint against the accused/petitioner-herein under Sec. 200 Crimial P.C. for commission of offence under Sec. 138 of the Negotiable Instrument Act, 1881. It was alleged in the complaint that Sh. Vikas Yadav, late husband of the petitioner approached the complainant and offered to sell his land. The complainant agreed to purchase the plot of land for a sum of Rs. 60,50,000.00. An agreement to sell was executed on 13.06.2007 and Rs. 15.5 lakh was paid as earnest money. The sale deed was to be executed on or before 26.06.2007. Sh. Vikas Yadav asked the complainant to come to the office of Sub Registrar on 26.06.2007 but he did not come there. After two days, Sh. Vikas Yadav expressed his inability to honour the deal and promised to pay back the earnest money and penalty of Rs. One Lakh. In order to discharge his liability, two cheques dated 28.07.2007 and 01.08.2007 for a sum of Rs. 10.5 lakh and Rs. 5 lakh respectively were issued by him. Cheque for Rs. 10.5 lakh was signed by Vikas Yadav, whereas cheque for Rs. 5 lakh was signed by the petitioner-herein and her husband Vikas Yadav. The said cheques were returned unpaid when the same were presented for encashment with the remarks "account closed ". Thereafter, a notice dated 16.08.2007 was sent to the petitioner to make the payment.

(3.) Notice of accusation under Sec. 251 Crimial P.C. was served on the petitioner to which she pleaded not guilty and claimed trial. Both the parties adduced evidence in support of their case. The learned MM vide judgment dated 27.11.2013 convicted the petitioner for offence under Section 138 of the N.I. Act. Vide order on sentence dated 27.11.2013, the petitioner was sentenced to TRC (Till the Rising of the Court) and ordered to pay fine of Rs. 7,00,000.00, out of which Rs. 6,50,000.00 was ordered to be paid to the complainant as compensation and remaining amount was ordered to be deposited with the State within two months. In default of payment of fine, the petitioner was directed to undergo simple imprisonment of two months.