ELIZABETH (MINIMOL) Vs. JOSE P. JACOB

JUDGEMENT

(1.) The revision petitioner is the accused in S.T.No.78/2013 on the files of the Judicial First Class Magistrate Court-III, Kanjirappally. She stood trial for committing an offence punishable under Sec. 138 of the NI Act before the said court and was convicted and sentenced thereunder. The accused challenged the said conviction and sentence by filing Criminal Appeal No.91/2015 before the Additional Sessions Court-V, Kottayam and the said court by judgment dtd. 28/7/2016, confirmed the conviction and modified the sentence passed by the trial court.

(2.) The case of the complainant in brief is as follows:-

(3.) In the trial court, from the side of the complainant, PW1 was examined and Exts.P1 to P7 documents were marked. When examined under Sec. 313 of Cr.PC, the accused denied all the incriminating circumstances brought against her in evidence and contended that she is innocent. The accused stated that she never entered into an agreement for sale with the complainant or has received the amounts as alleged by him. She had borrowed Rs.50,000.00 from the complainant for interest through one Subair Hassan and at that time, as a security, had executed an agreement for sale with respect to 8.25 cents of property. Three blank signed cheques were also given by the accused to the complainant at that time. Later, on 2/2/2007, she borrowed another Rs.50,000.00 from the complainant and at that time as security, was compelled to make an endorsement on the reverse side of the agreement for sale and also to execute a Power of Attorney in favour of the complainant for the purpose of transacting her property. She also stated that even though she paid substantial amounts to the complainant, the complainant did not return the documents including the cheque and misused one among them.