RAJAPOOMANI Vs. BALAKALAIVANI

JUDGEMENT

(1.) This Criminal Revision Case has been preferred by the Revision Petitioner seeking to call for the records and set aside the Judgment in C.A.No.12 of 2014, dated 06.09.2014, on the file of the learned Principal Sessions Judge, Puducherry, confirming the Judgement of the Trial Court in C.C.No.30 of 2011, on the file of the learned Judicial Magistrate No.1, Puducherry, dated 14.03.2014.

(2.) For the sake of convenience, the Petitioner and the Respondent will be referred to as Accused and Complainant, respectively.

(3.) 1t is the case of the complainant that on 22.02.2010, the accused approached her and borrowed a sum of Rs.66,000/- to meet out family expenses. To witness the said borrowal, the accused had issued a post dated cheque/Ex.P1, bearing No.918744, dated 27.05.2010, drawn on the Indian Overseas Bank, Reddiarpalayam, Pondicherry. After due intimation to the accused, she had presented the cheque for collection on 27.05.2010, through Indian Bank, Mudaliarpet Branch and the cheque had been returned by the banker through a memo/Ex.P2, dated 20.05.2010, with an endorsement "insufficient funds". The Complainant had informed about the dishonour of cheque to the accused even then she had not come forward to return the cheque amount. Therefore, the complainant had issued a notice/Ex.P3, dated 15.06.2010 and the same was received and acknowledged by the accused on 21.06.2010, vide postal acknowledgment card/Ex.P4. The accused had issued a reply notice/Ex.P5, dated 07.07.2010, with false allegations to the complainant. Hence, the complaint. Thereafter, the prosecution initiated proceedings in C.C.No.30 of 2011, before the learned Judicial Magistrate No.1, Puducherry, for the offence under Section 138 read with 142 of the Negotiable Instruments Act.