BEENA KURUVILA Vs. STANDARD CHARTERED BANK

JUDGEMENT

(1.) Revision Petitioner, who is the accused in C.C.No.6251/2010 on the file of Judicial First Class Magistrate Court IV, Ernakulam assails the judgment of conviction and order of sentence against him in Crl.A No.372/2015 of Sessions Court, Ernakulam (Sessions Court VIII) for the offence punishable under Sec. 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as 'N.I Act').

(2.) The parties shall be referred to as complainant and accused.

(3.) The complainant M/s.Standard Chartered Bank instituted the complaint alleging that in partial discharge of the amount due to the said bank, accused issued Exts.P2 and P3 cheques of Rs.91,009.00 each drawn on Federal Bank Ltd., Muvattupuzha Branch in favour of the complainant bank. Though the complainant presented Exts.P2 and P3 cheques for encashment, the said cheques were dishonoured due to insufficient funds in the account of the accused. Though the accused accepted Ext.P5 lawyer notice, she failed to repay the amount covered by the said cheques and thereby committed the offence punishable under Sec. 138 of N.I.Act.