MARTIN FELIX CELVIA Vs. K KUMAR

JUDGEMENT

(1.) When the matter came up on 05.09.2014, there was no representation on behalf of the petitioner and therefore, Registry was directed to post the revision on 08.09.2014 under the caption 'for orders'. On 08.09.2014, at request of learned counsel for petitioner, the matter was adjourned to 09.09.2014, finally. Even today, there is no appearance on behalf of the petitioner.

(2.) This revision is preferred against two concurrent judgments of the Courts below convicting the petitioner for offence under Section 138 of the Negotiable Instruments Act and sentencing her to undergo 1 year S.I. and fine of Rs. 5,000/- i/d 6 months S.I. Out of the fine amount, a sum of Rs. 2,500/- was directed to be paid as compensation to the complainant.

(3.) The respondent preferred a complaint informing that the petitioner borrowed a sum of Rs. 2,00,000/- from him and towards repayment thereof, the petitioner issued a cheque bearing No. 320421 dated 12.03.2008. When presented for payment, the same was returned unpaid with the endorsement "insufficient funds". The respondent/complainant caused statutory notice and the petitioner/accused has also received the same, but failed to effect repayment. Hence, in keeping with the provisions of Section 138 of the Negotiable Instruments Act, the respondent/complainant preferred a complaint.