PLACIDA COTA Vs. NATIONAL MARKETING COMPANY

JUDGEMENT

(1.) These two Criminal Revision Applications can be conveniently disposed of by this common judgment. The first is filed by the accused and is directed against judgment dated 10.11.2009 of the learned Additional Sessions Judge, Margao upholding the conviction of the accused under Section 138 of the Negotiable Instruments Act, 1881. The second has been filed by the complainant and is also directed against the same judgment of the learned Additional Sessions Judge, Margao modifying the sentence imposed upon the accused by the learned J.M.F.C. .

(2.) The case of the complainant was that the complainant is a proprietary concern of Smt. Olga Monseratte and that the accused had issued a cheque No. 813735 dated 12,3.2004 for Rs. 6,1 1,000/- to the complainant towards payment of an amount of Rs. 6,27,972/- which was misappropriated by Shanti Cota in collusion with the accused and the said cheque when presented for payment on 13.3.2004 was returned dishonoured on the ground that the payment was stopped by the drawer. The complainant sent notice dated 25.3.2004 demanding the said payment. The accused received the notice but did not comply with the same and, therefore, the complaint was filed through the Attorney of the complainant.

(3.) The complainant examined herself through the said attorney and the proprietor of the complainant was examined by the accused as her witness. The complainant also examined other witnesses and from the evidence of the complainant's witness Shri Hiru Khiyani/PW2 it is evident that the accused had an account with State Bank of India, Agricultural Branch, Margao. She did not have cheque book facility but the accused was given two cheque leaves, one of which was given by the accused to the complainant dated 12.3.2004 for Rs. 6,11,000/-.