SUCHITRA R.BABU Vs. S.DEVAKUMARI

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 16.02.2010 rendered by the Additional Sessions Court-I, Mavelikara, in Crl.Appeal No.94 of 2009, whereby the learned Additional Sessions Judge-I dismissed the appeal, confirming the conviction and sentence rendered by the trial court to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.6,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months more under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act').

(2.) The revision petitioner was the accused in C.C.No.392 of 2006 on the file of the Judicial First Class Magistrate Court-I, Mavelikara and the appellant in Crl.Appeal No.94 of 2009 on the file of the Additional Sessions Court-I, Mavelikara. The 1st respondent filed a complaint before the trial court alleging commission of the offence punishable under Section 138 of the N.I.Act against the accused. Upon consideration of the complaint, the learned magistrate is prima facie satisfied that the case is made out against the accused. Hence, the learned Magistrate took cognizance of the offence under Section 138 of the N.I.Act and the case was taken on file as C.C.No.392/06. Parties are hereinafter referred to as the 'complainant' and 'accused' according to their status in the court below unless otherwise stated.

(3.) It is the case of the complainant that the accused borrowed a sum of Rs.6,00,000/- from the complainant and issued a cheque dated 5.11.2005 for Rs.6,00,000/- drawn on the account maintained by the accused with Federal Bank, Pongummoodu. The complainant presented the cheque for encashment before the Federal Bank, Mavelikara Branch, but the cheque was dishonoured for want of sufficient funds. Statutory notice was issued on 24.3.2006 to the accused calling upon her to pay the amount. The accused received the notice on 29.3.2006. Ext.P6 is the acknowledgment card. However no reply was sent. Hence, the complaint.