SHERLY REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred by the appellant in Crl.Appeal 209/2014 on the file of the Additional Sessions Judge-I, Mavelikara, against the judgment dtd. 18/9/2017 confirming the conviction rendered and sentence passed by the Judicial Magistrate of First Class-II, Mavelikara, in S.T.No.612/2011 under Sec. 138 of the Negotiable Instruments Act (N.I. Act for short).

(2.) The case of the complainant is that on 1/8/2011 the accused borrowed a sum of Rs.1,50,000.00 from him and towards the discharge of the said liability, he issued a cheque for the said amount drawn on Federal Bank Ltd, Chunakkara Branch dtd. 12/9/2011. When the said cheque was presented for encashment through State Bank of Travancore, Nooranadu Branch, it was dishonoured for want of sufficient funds in the account of the accused. Thereafter, the complainant issued a lawyer's notice to the accused intimating the dishonour of the cheque and demanding the payment. However, the accused purposefully evaded the service of the notice, though proper intimation was given by the postal authorities and therefore, the notice was returned. The accused also failed to discharge the said liability and hence the complaint.

(3.) The evidence in the case consists of the oral testimonies of PWs1 to 4 and Exts.P1 to P7. On the side of the accused, DW1 was examined and Exts.D1 and D2 were marked. After evaluating the available evidence, the learned Magistrate found the accused guilty of the offence under Sec. 138 of the N.I. Act and sentenced her to undergo simple imprisonment for three months and to pay a fine of Rs.1,50,000.00 to the complainant. It is also ordered that in case of default in payment of the compensation, the accused shall undergo simple imprisonment for three months. In appeal, the learned Sessions Judge confirmed the finding of the learned Magistrate and dismissed the appeal. Dissatisfied with the above judgment of the Sessions Judge, the accused preferred this Revision raising various grounds.