HAZEENA Vs. GURUNATHAN

JUDGEMENT

(1.) This criminal revision is directed against the judgment, dated 20.04.2015 passed in C.A No.51 of 2013 by the 4th Additional Sessions Judge, Tirunelveli, confirming the order, dated 03.06.2013 passed in C.C.No.38 of 2009 by the District Munsif-cum-Judicial Magistrate, Cheranmahadevi.

(2.) The factual matrix of the case leading to filing of the present revision petition are as under:- The accused obtained loan from the complainant on 11.09.2008 to the tune of Rs.13,00,000/- and in order to discharge the same, she has drawn upon the complainant, a cheque bearing No.739351, dated 11.09.2008 payable at ICICI Bank, Tenkasi Branch and when the same was presented through the Central Bank, Mukkdal, it was bounced as "Insufficient Funds" on 26.11.2008 and hence, the complainant issued notice on 12.12.2008, but she did not choose to repay the amount, instead sent false reply on 22.12.2008. Hence, a complaint under section 138 of the Negotiable Instruments Act ( in short "The Act") was filed.

(3.) The accused was summoned. Notice under Section 251 Cr.P.C was served upon the accused to which she pleaded not guilty and claimed trial. After completing trial, vide order, dated 03.06.2013, the learned District Munsif-cum-Judicial Magistrate, Cheranmahadevi, convicted the accused and sentenced her to undergo six months of Rigorous Imprisonment and directed to pay Rs.13,00,000/- as compensation within one month, in default she shall undergo one month simple imprisonment. Aggrieved over the same, the revision petitioner/accused has preferred an appeal before the 4th Additional Sessions Judge, Tirunelveli, in C.A.No.51 of 2013. The learned appellate Judge has also confirmed the findings of the trial Judge. Against which, the present criminal revision has been filed.