RENU NINAN Vs. SHIFA HIRE PURCHASE LTD

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the concurrent finding of guilt, conviction and sentence passed against the revision petitioner.

(2.) The revision petitioner is the accused in a case taken on file by the court below based on a private complaint filed under Sec.142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). Parties would be hereinafter be referred as per the status before the court below.

(3.) The complainant's case in short is as follows : The complainant is a company engaged in the business of giving financial assistance for various business purposes. The company has been represented by the recovery officer who is authorized by the managing director of the company. Accused availed a loan from the company and he committed default in making the re-payment and hence complainant repaid the loan with full arrears. In discharge of the debt the accused issued cheque No.SPU-749664 dated 5.5.2004 drawn on the State Bank of Travancore, AD branch, Mavelikkara and the cheque was delivered at the office of the complainant at Puthiyakavu, Mavelikkara. On presentation of the cheque through the Federal bank, Mavelikkara brach, it was returned on 6.5.2004 for the reason of insufficiency of funds. Thereafter, complainant issued a registered lawyer notice dated 15.5.2004 demanding the amount and intimating the dishonour of the cheque. Though the accused accepted the notice on 19.5.2004, he did not pay the amount. Hence the complaint has been filed.