SUNITHA Vs. SHEELA ANTONY

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.No.5611/2011 on the file of the Court of the Judicial First Class Magistrate, Irinjalakuda.

(2.) The aforesaid case was instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(3.) The case of the complainant is as follows: The complainant and the accused are neighbours. The complainant had lent money to the accused on various occasions. On 20.03.2011, the complainant went to the house of the accused and demanded repayment of the money. The complainant and the accused verified the accounts and finally settled the amount at Rs.4,50,000/-. In order to discharge the aforesaid liability, the accused executed and issued a cheque dated 07.04.2011 for Rs.4,50,000/- to the complainant. The complainant presented the cheque in the bank. It was returned unpaid for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice. She sent a reply raising untenable contentions. She did not pay the amount of the cheque.