MINI MOHANAN Vs. K.S. KOCHUMON AND ORS.

JUDGEMENT

(1.) THE accused in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') has come up in revision challenging the judgment of the trial court as well as the lower appellate court by which she is found guilty under Section 138 of the N.I. Act.

(2.) THE case of the complainant is that out of business deal between himself and the accused, who is a lady, the accused issued cheque for Rs.75,000/ - drawn in favour of the complainant, which when presented for encashment, dishonoured on the ground of insufficiency of fund in the account maintained by the accused and consequently, according to the complainant, though a statutory notice was caused to be issued to the accused, she refused to accept the notice and no amount was repaid and therefore, according to the complainant, the accused has committed the offence punishable under Section 138 of the N.I. Act.

(3.) CHALLENGING the above finding, the order of conviction and sentence, though the accused preferred an appeal, by judgment dated 16.11.2010 in Crl.A. No. 151/2007, the court of Sessions, Thrissur dismissed the appeal and the appellant/accused was convicted and sentenced to undergo imprisonment till rising of the court and she was also directed to pay compensation of Rs.75,000/ - to the complainant under Section 357(3) of the Cr.P.C. and in default, she was directed to undergo simple imprisonment for a period of one month. It is the above finding, conviction and sentence that are challenged in this petition.