D.MUTHULAKSHMI Vs. P.JAGADAMBAL

JUDGEMENT

(1.) Challenge in this revision is made to the judgement and orders passed by the learned Principal Sessions Judge, Tiruppur in C.A.No.27/2019 confirming the conviction and sentence passed by the learned Judicial Magistrate No.1, Udumalpet in C.C.No.136/2010.

(2.) The case of the complainant in a nutshell is as follows : The revision petitioner/accused borrowed a sum of Rs.3,50,000.00 from the complainant on 5/11/2009 for her urgent family needs. She assured that she would repay the same within a month. In order to discharge the liability, the present revision petitioner/accused issued a cheque bearing No.693482 dtd. 9/12/2009 (Ex.P1) drawn on City Union Bank, Udumalpet Branch for a sum of Rs.3,50,000.00 to the respondent/complainant. When the complainant presented the said cheque for collection through his banker, viz., the Indian Bank, Udumalpet Branch, the cheque was returned on 12/12/2009 (Ex.P2) with an endorsement "Funds Insufficient". Therefore, the respondent/complainant issued a legal notice dtd. 27/1/2010 (Ex.P4) directing the revision petitioner to make good the payment within a period of 15 days. Though the revision petitioner/accused received the said legal notice on 28/1/2010 as is seen from the postal acknowledgement card (Ex.P5), she did not come forward to pay the amount due under the cheque and did not also send any reply to the notice received by her.

(3.) Therefore, the complainant filed a private complaint before the Judicial Magistrate No.I, Udumalpet under Sec. 200 Cr.P.C. against the present revision petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act (N.I. Act) in C.C.No.136/2010. The learned Judicial Magistrate No.1, Udumalpet took cognizance of the offence under Sec. 138 of the Negotiable Instruments Act (N.I. Act) and issued summons to the accused/revision petitioner and on her appearance, furnished copies of records under Sec. 207 Cr.P.C. When the revision petitioner/accused was questioned with regard to the substance of accusation made against her, she pleaded not guilty and the case was therefore posted for trial.