M. SIVABAKIYAM Vs. K. KULANTHAIVEL

JUDGEMENT

(1.) This Criminal Revision Case is filed against the concurrent finding of the Courts below holding the petitioner guilty of offence under Sec. 138 of Negotiable Instruments Act.

(2.) In C.C.No.13 of 2015, the trial Court by judgment dtd. 26/4/2016 found the petitioner guilty, convicted and sentenced her to undergo one year rigorous imprisonment and fine of Rs.1,000.00, in default, to undergo one month simple imprisonment. On appeal, the conviction and sentence was confirmed by the II Additional District Sessions Court, Tirupur in C.A.No.60 of 2016. Aggrieved by that, the petitioner has preferred this present petition.

(3.) The case of the complainant is that the petitioner / accused is a good friend of the respondent / complainant. On 4/6/2012, the petitioner approached the complainant for a loan amount of Rs.7.00 lakhs for her urgent family need and business expenses and assured to repay the same during December 2012 and the petitioner / accused received the loan amount on 4/6/2012. To discharge the debt she gave a cheque bearing No.993319 dtd. 10/12/2012 drawn at ICICI Bank, Indira Nagar, Tirupur Branch for a sum of Rs.7.00 lakh. The complainant presented the cheque in his Bank viz., Indian Overseas Bank, Velampalayam, Tirupur Branch on 10/12/2012, the same was returned on 12/12/2012 with an endorsement "Insufficient Funds". Thereafter, statutory notice was issued on 20/12/2012 and same was received by the accused on 21/12/2012. But, she neither repaid the cheque amount nor sent any reply. Hence, the complaint under Sec. 138 of Negotiable Instruments Act was filed and same was taken on file by the trial Court in C.C.No.13 of 2015.