H.STELLA JOSEPHINE MARY Vs. S.MUTHULAKSHMI

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/accused, against the conviction for an offence under Sec. 138 of the Negotiable Instruments Act, by the learned Metropolitan Magistrate-Fast Track Court No.II, Egmore, Chennai, by judgment dtd. 10/9/2012 in C.C.No.12750 of 2003 and imposing a sentence of fine of Rs.2,20,000.00 of which a sum of Rs.2,00,000.00 was ordered to be paid to the respondent complainant and against the judgment of the XV Additional Sessions Court, Court in Crl.A.No.178 of 2012 dtd. 5/11/2014, thereby, confirming the conviction for the offence under Sec. 138of Negotiable Instruments Act, but, however, modifying the sentence by incorporating the default clause for non-payment of fine by including tha t in default of payment of fine of Rs.2,20,000.00 to undergo a Simple Imprisonment for six months.

(2.) This is a private complaint filed under Sec. 200 of Cr.P.C. The case of the complainant is that the accused had borrowed a sum of Rs.2,00,000.00, jointly along with her husband, from the complainant on 30/12/2002. The accused had also jointly executed a promissory note for the said sum of money. The accused, at the time of borrowal, agreed to repay the amount, within two months together with interest at the rate of 1% per month i.e., a sum of Rs.2,000.00 per month, towards interest for the amount borrowed by her. On the date of borrowal i.e., on 30/12/2002 itself, the accused herein had issued three post dated cheques towards repayment of the amount borrowed by her. The accused issued a cheque dtd. 29/1/2003, bearing No.26619 drawn on Syndicate Bank, Fort St. George, Chennai for a sum of Rs.90,000.00; another cheque dtd. 2/2/2003, bearing no.266720, drawn on Syndicate Bank, Fort St. George, Chennai, for a sum of Rs.50,000.00 and the third cheque dtd. 10/2/2003, bearing No.247422 drawn on Centurion Bank, Annasalai, for a sum of Rs.60,000.00. The first cheque dtd. 29/1/2003 was presented for collection with her banker namely, I.C.I.C.I Bank, Annasalai, Chennai on 25/6/2003 and the same was returned with an endorsement "funds insufficient" by communication dtd. 28/6/2003 along with a memo on dishonour of the bankers of the accused dtd. 26/6/2003. The second cheque bearing No.266720 was also presented with her aforesaid bankers on 5/7/2003 and the same was returned with an endorsement "funds insufficient" by communication dtd. 9/7/2003 with a memo of dishonour dtd. 7/7/2003. The third cheque, bearing No.247422 was presented to the aforesaid banker on 16/16/2003 and it was returned on 19/6/2003 along with memo of dishonour dtd. 17/6/2003 with an endorsement "funds insufficient". The complainant, therefore, caused a legal notice on 15/7/2003, which was received by the accused on 22/7/2003. However, after receipt of the notice, the accused neither made payment of the amouont due under the cheques nor issued any reply notice and therefore, upon completion of 15 days time, from the date of receipt of the notice, the offence under Sec. 138 of Negotiable Instruments Act stood committed and therefore, complaint was presented on 29/8/2003.

(3.) The learned Magistrate recorded the sworn statement of the complainant on 24/9/2003, took the case on file and issued summons to the accused. Upon questioning, the accused denied the commission of offence and stood for trial. During the trial, the complainat examined herself as P.W.1. One C. Vijayakumar, an official from bankers of the accused in respect of the first two cheques, namely, Syndicate Bank, Fort St.George, Chennai was examined as P.W.2. One K.V. Sunil, the official from the bankers of the accused in respect of the third cheque, namely, Centurion Bank was examined as P.W.3. On behalf of the complainant, the promissory note, executed by the accused is marked as Ex.P1 and the three cheques, which were returned dishonoured were marked as Exs.P2 to P4 and the return memos, issued by the bankers of the accused, in respect of the three cheques respectively, were marked as Exs.P5 to P7, the debit advice issued by the complainant's bank for the three cheques respectively were marked as EX.P8 to P10, the statutory notice issued to the accused was marked as Ex.P11 and the acknowledgement card of the accused is marked as Ex.P12. The authorisation letter issued by the Syndicate Bank to P.W.2 was marked as Ex.P13 and the statement of accounts as Ex.P14 and similarly, the authorisation letter issued by the Centurion Bank to P.W.3 was marked as Ex.P15 and transaction histroy is marked as Ex.P16. With these, the complainant rested her case.