P GLORY KAMALAM Vs. L T RAJASEKARAN

JUDGEMENT

(1.) The revision arises out of the judgment of conviction and sentence dated 14.06.2007 made in C.A.No.334/2006 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore, where by the accused is found guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for 3 months and imposed a fine of L 3,000/- in default, to undergo one month simple imprisonment, confirmed the judgment of conviction and sentence dated 11.07.2006 made in C.C.No.701/2004 on the file of the learned Judicial Magistrate No.II, Coimbatore.

(2.) The case of the respondent/complainant is that the accused borrowed L 3,00,000/- from him on 23.09.2003 for her urgent and for educational expenses of her children and also promised to repay the above said amount within six months. When the complainant requested her to discharge the above said legally enforceable debt, the accused issued a cheque bearing No.000636641008002 for a sum of L 3,00,000/- under Ex.P1 on 29.03.2004. When the cheque under Ex.P1 was presented in the Bank, it was dis-honoured with an endorsement 'Insufficient funds' and the return memo was marked as Ex.P2 and the debit advice was marked as Ex.P3. So the complainant issued a statutory notice on 22.04.2004 under Ex.P4 calling upon the accused to pay the amount that she borrowed, within 15 days and an acknowledgement card was marked as Ex.P5. Neither the accused repaid the amount nor given any reply to the statutory notice. Hence, the respondent/ complainant constrained to file a complaint against her.

(3.) The learned Magistrate, after furnishing the copies of the documents to the accused, since the accused pleaded not guilty, examined the witnesses P.W.1 and D.W.1 and perused the documentary evidence under Exs.P1 to P6 and D1 to D4 and considering the same, convicted the accused for the offence under Section 138 of Negotiable Instruments Act and sentenced her as indicated above, against which, the accused preferred a Criminal Appeal in C.A.No.334/2006 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore. The learned Appellate Judge, after hearing the arguments of both sides counsel, confirmed the conviction and sentence passed by the trial Court, against which, the present revision has been preferred by the revision petitioner/accused.