PRIYAMVADA Vs. RAHUFINA

JUDGEMENT

(1.) The petitioner, who stands convicted and sentenced for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (N.I.Act) has filed this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code). The trial court convicted her and sentenced to pay a fine of Rs.6.00 lakhs and in default of payment of fine to undergo simple imprisonment for a period of four months. It was directed that the fine amount, if realised, should be paid to the 1st respondent-complainant as compensation. The Appellate Court confirmed the conviction and the sentence.

(2.) The 1st respondent filed the complaint with the following allegations:

(3.) The petitioner appeared before the trial court on receipt of summons and denied the accusation. The 1st respondent examined herself as PW1 and produced Exts.P1 to P5. The petitioner was examined under Sec. 313(1)(b) of the Code. She denied the incriminating circumstances. She further set forth the following defence. She borrowed Rs.5.00lakhs from the 1st respondent in 2016. No security was given at that time. However, after a year, a cheque drawn by her husband for an amount of Rs.3.00 lakhs was given. In June, 2017, Rs.2,75,000.00 was paid to the 1st respondent. Later, under coercion and threat by the 1st respondent, the petitioner had to issue a blank cheque and chitty passbooks with false entries. It is incorrect that Rs.6.00 lakhs was due from the petitioner to the 1st respondent. Misusing the blank cheque given by the petitioner, the prosecution was initiated. No evidence was, however, adduced by the petitioner.