AMBIKA Vs. NARAYANAPERUMAL

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the accused against the concurrent finding of the conviction passed by the Lower Court as well as the Lower Appellate Court.

(2.) The case of the petitioner is that the petitioner is the accused in C.C.No.238 of 2006 for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). The respondent / complainant has filed a complaint before the Lower Court, stating that on 01.04.2006, the accused had borrowed a sum of Rs.50,000/- as loan for her family expenses and for the said loan amount, on 01.05.2006, she has issued a cheque bearing No.536834, dated 01.06.2006 of State Bank of India, Pazvoor Branch. The said cheque was presented on 01.06.2006 before the State Bank of India, Pazvoor and the said instrument was returned with endorsement stating that "Funds Insufficient". Thereafter, the complainant has sent a legal notice on 05.06.2006, demanding the cheque amount within 15 days and the accused has received the legal notice on 07.06.2006. However, the accused neither sent any reply notice nor paid the cheque amount. Therefore, the said complaint was filed before the trial Court.

(3.) On behalf of the respondent / complainant, he himself has examined as P.W.1 and marked Exs.P.1 to P.4. No witnesses were examined on the side of the accused. After hearing the rival submissions, the trial Court has found the petitioner / accused guilty for the offence under Section 138 of the Act and sentenced her to undergo simple imprisonment for one year and to pay a compensation of Rs.1,00,000/- to the complainant / respondent herein under Section 357(3) of Cr.P.C., within two months, in default to undergo simple imprisonment for two months.