JAYA P. KUMAR Vs. SHERLY PRAKASH

JUDGEMENT

(1.) THE accused in S.T. No. 703/2006 on the file of the Judicial First Class Magistrate Court -VIII, Thiruvananthapuram is the revision petitioner herein.

(2.) THE case was taken on file on the basis of a private complaint filed by the 1st respondent complainant against the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The case of the complainant in the complaint was that the accused borrowed a sum of Rs. 2,50,000/ -on various occasions and executed a promissory note on 20.8.2004 for the said amount. Thereafter, she did not pay the amount. When demanded, she issued Ext. P1 cheque for Rs. 3,10,000/ - with date 15.2.2006 drawn on State Bank of Travancore, Perunkuzhi Branch. The cheque when presented was dishonoured for reason 'funds insufficient' evidenced by Ext. P2 dishonour memo and that was intimated to the complainant by her banker vide Ext. P3 intimation. She sent Ext. P4 notice on 16.3.2006 vide Ext. P5 postal receipt and the same was returned with endorsement 'unclaimed' evidenced by Ext. P6 returned notice. She had not paid the amount. So, she had committed the offence under Section 138 of the Act. Hence, the complaint.

(3.) AFTER considering the evidence on record, the court below found the revision petitioner guilty under Section 138 of the Act and convicted her thereunder and sentenced her to undergo imprisonment till rising of court and also to pay Rs. 3.10 lakhs with interest at the rate of 8% per annum from 15.2.2006 till realisation as compensation under Section 357(3) of the Code with default sentence of three months imprisonment. Aggrieved by the same, the revision petitioner filed Crl.A. 211/2011 before the Sessions Court, Thiruvananthapuram which was made over to IInd Additional Sessions court, Thiruvananthapuram for disposal. The learned IInd Additional Sessions Judge by the impugned judgment allowed the appeal in part confirming the order of conviction and sentence of imprisonment till rising of court, but modified the further sentence by converting the compensation to fine Rs. 3,10,000/ - with default sentence of three months and further direction to pay the fine amount if realised to the complainant as compensation under Section 357(b) of the Code. Aggrieved by the same, the present Revision Petition has been filed by the revision petitioner, accused before the court below.