SUSAN JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C. No.175 of 2011 on the files of the Judicial First Class Magistrate Court-1, Thiruvananthapuram. She stood trial for committing an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 before that court and was convicted and sentenced thereunder. The accused carried the matter in appeal by filing Crl.Appeal No.398 of 2012 before the Additional Sessions Court- IV, Thiruvananthapuram. The said court, vide judgment dtd. 27/8/2016, allowed the appeal in part and while upholding the conviction, modified the sentence.

(2.) The case of the complainant is that the accused had borrowed an amount of Rs.5,00,000.00 from him and had issued Ext.P1 cheque dtd. 20/5/2008 for discharging the said liability. When the cheque was presented for collection it got dishonoured for the reason that funds were insufficient. The statutory notice issued also did not evoke any response and the cheque amount remained unpaid. Hence, the complainant approached the trial court by filing C.C. No.175 of 2011.

(3.) In the trial court, from the side of the complainant, PW1 was examined and Exts.P1 to P5 documents were marked. When the accused was examined under Sec. 313 Cr.P.C., she denied all the incriminating circumstances appearing against her in evidence and contended that she is innocent. The accused stated that she had no financial transactions with the complainant. From the side of the accused, DW1 and DW2 were examined. The trial court on an appreciation of the evidence on record, found the accused guilty and convicted her under Sec. 138 of the NI Act. It sentenced the accused to pay a fine of Rs.6,80,000.00 under Sec. 138 of the NI Act, with a default clause.