NEELAM SHARMA Vs. VED PRAKASH

JUDGEMENT

(1.) The accused revisionist stands concurrently convicted by both the learned Courts below for hers committing an offence punishable under Section 138 of the Negotiable Instruments Act, in sequel whereof a sentence of simple imprisonment of one year besides qua hers defraying compensation to the complainant in an amount of Rs.4,00,000/- stood imposed upon her. The accused standing aggrieved by the concurrently recorded findings of conviction by both the Courts below has concerted through instituting the instant revision herebefore beget its reversal.

(2.) The brief facts of the case are that the accused executed cheque comprised in Ext.CW-1/B in favour of the complainant in the sum of Rs.4,00,000/-. The said cheque was drawn on the State Bank of India, Shimla. The accused executed and advanced the aforesaid cheque in favour of the complainant for carrying out the construction of a set on the slab purchased by the accused. The accused had also issued another cheque worth Rs.three lacs in favour of the complainant for the aforesaid purpose of construction to be carried out by the complainant. Both of these cheques got dishonoured and another complaint regarding the second cheque was also filed by the complainant. The cheque was drawn by the accused in favour of the complainant for discharge of the legally enforceable debt and liability outstanding against the accused in favour of the complainant. The cheque was dishonoured by the banker of the accused with the remarks of insufficient funds. The information of the dishonour of the cheque was given to the banker of the complainant by the banker of the accused and the complainant sent a notice of demand of the amount intimating the accused in the event of her failure to pay the cheque amount within 15 days of the receipt of the notice, legal action for her criminal prosecution under Section 138 of the Negotiable Instruments Act shall be taken by the complainant. The notice was received by the accused on 15.08.2007 but till date she failed to make the payment. Hence, this complaint.

(3.) Notice of accusation stood put to the accused by the learned trial Court for hers committing offences punishable under Sections 138 of the Negotiable Instruments Act to which she pleaded not guilty and claimed trial.