PARAMESWARAN Vs. SMITHA SURESH

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the accused in S.T. No. 6/2013 on the file of the Judicial First Class Magistrate Court, Nilambur, assailing the judgment of conviction and sentence in Crl.A No. 44/2016 of the Sessions Court, Manjeri for the offence punishable under Sec. 138 of The Negotiable Instruments Act, 1881 (hereinafter referred to as N.I Act, 1881).

(2.) The parties shall be referred to as complainant and accused as before the trial court.

(3.) The case of the complainant is that in February 2012, the accused who is a relative of the complainant, borrowed an amount of Rs.5.00 lakhs from her and in discharge of the said liability, accused issued Ext.P1 cheque dtd. 30/9/2012 to the complainant. Though the complainant presented Ext.P1 cheque for encashment, it was bounced due to insufficient funds in the account of the accused. In spite of receipt of Ext.P4 lawyer notice sent by the complainant, accused failed to pay the amount covered by the cheque. Accused thereby committed the offence punishable under Sec. 138 of N.I. Act, 1881.