M VENKATESWARY Vs. SURENDRAN M; STATE OF KERALA

JUDGEMENT

(1.) The petitioner was convicted of the offence under Section 138 of the Negotiable Instruments Act and sentenced to pay a fine of Rs.1,50,000/- and in default of the payment to undergo simple imprisonment for three months. There was also a direction that if the fine was realized, it should be given to the 1st respondent/complainant. The appeal was dismissed by the learned Sessions Judge. The accusation of the revision petitioner was that she borrowed from the 1st respondent Rs.1,50,000/- and when he demanded repayment of it, she issued a cheque dated 03.11.2006, but it was dishonoured by the bank for want of sufficient fund in her account and in spite of demand by notice she did not pay the amount.

(2.) Heard the learned counsel for the petitioner and the first respondent.

(3.) The 1st respondent was examined as PW1. He was not cross-examined. The cheque allegedly issued by the revision petitioner was marked as Ext.P1. In the affidavit filed by the 1st respondent in lieu of his examination-in-chief he stated that the revision petitioner borrowed from him Rs.1,50,000/- and when he demanded repayment of it with interest, she issued Ext.P1 cheque for Rs.1,57,300/-.