PRABAVATHI Vs. UDAYAKUMAR

JUDGEMENT

(1.) Challenging the judgment passed by the learned Additional District and Sessions Judge, Paramakudi, in Criminal Appeal C.A.No.2 of 2017, dtd. 27/10/2022, confirming the order dtd. 9/3/2016 passed in Summary Trial Case S.T.C.No.355 of 2014 on the file of the learned Judicial Magistrate, Paramakudi, convicting the petitioner and sentencing her to undergo simple imprisonment for nine months and directing her to pay compensation of Rs.35,00,000.00 and further sentencing her to undergo simple imprisonment for two months in default of payment, this Criminal Revision Case has been filed.

(2.) For the sake of convenience, the parties herein are referred to by their ranks before the learned Trial Court. Factual Matrix of the Complainant's Case:-

(3.) The complainant alleged that the accused borrowed a sum of Rs.30,00,000.00 from him on 3/8/2013, to meet her business needs and family expenses and agreed to repay the amount within one month. On that day itself, she issued a post-dated cheque dtd. 3/9/2013, bearing No.001130, drawn on City Union Bank, Paramakudi Branch, for Rs.30,00,000.00. The cheque was presented for collection on 6/9/2013 in the complainant's account with Indian Overseas Bank, Paramakudi, but was returned with the endorsement "exceeds arrangement". When informed, the accused requested the complainant to present the cheque again. Upon re-presentation on 11/9/2013, the same endorsement appeared. Thereafter, the complainant issued a lawyer's notice dtd. 24/9/2013, to which the accused did not respond. Consequently, the complainant filed a complaint under Sec. 138 of the Negotiable Instruments Act,1881. Judgment of the Learned Trial Court:-