DAYAWANTI Vs. SHUBH LATA

JUDGEMENT

(1.) THE petitioner was aggrieved against the judgment passed by the Court of learned Sessions Judge, Chandigarh dated 25. 5. 2000 by which her appeal against her conviction and sentence under Section 138 of the Negotiable Instruments Act was dismissed.

(2.) THE facts of the case are that respondent Shubh Lata had filed a complaint against the present petitioner by taking the plea that she had advanced a sum of Rs. 80,000/- to the petitioner. For discharging her liabilities, the petitioner had issued a cheque No. NMS/d 158406 dated 15. 1. 1993 drawn on New Bank of India, Burail. The said cheque was presented by the complainant (respondent herein) to her bankers i. e. Pujab state Cooperative Bank, Sector 22-C, Chandigarh for encashment but the same was returned with the remarks "insufficient funds". Then the complainant (respondent) served registered notice dated 27. 5. 1993 through her counsel on the petitioner calling upon her to make the payment of Rs. 80,000/-within 15 days of the notice but the petitioner failed to do so making herself amenable to the criminal proceedings under Section 138 of the Negotiable instruments Act. Hence a complaint was filed. After the preliminary evidence was produced by the respondent, the petitioner was summoned by the learned trial Court vide order dated 11. 9. 1993. After she appeared in the Court, the respondent produced her oral and documentary evidence.

(3.) IN her statement recorded under Section 313 Cr. P. C. , the petitioner denied all these allegations and took the plea that she was innocent. However, she did not lead any evidence in defence.