R.VIMALA DEVI Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenging the propriety of the judgment dtd. 12/11/2007 in Crl.A.No.131 of 2005 on the file of the Sessions Judge, Warangal, the appellant/accused filed this revision.

(2.) In the impugned judgment, the appellate Court confirmed the judgment of conviction and sentence passed by the I Additional Judicial Magistrate of First Class, Warangal in C.C.No.112 of 2004 dtd. 31/10/2005 wherein the revision petitioner/appellant/accused was convicted for the offence under Sec. 138 of the Negotiable Instruments Act, 1885 (for short the NI Act) and sentenced to pay a fine of Rs.3,000.00 in default to suffer simple imprisonment for a period of three months.

(3.) The brief facts of the case are that the de facto complainant used to supply milk to the revision petitioner and as her husband was the student of the revision petitioner. In such acquaintance, on 6/7/2002 the revision petitioner borrowed an amount of Rs.1,10,000.00 and executed demand promissory note/Ex.P-2 with an agreement to repay the amount with interest at 24% per annum. Thereafter, as neglected repayment, on persistent demands, the petitioner issued cheque bearing No.232286 dtd. 9/1/2004 for Rs.1,50,000.00 drawn on Vysya Bank Ltd.,Hanamkonda Branch, towards the loan dues. The complainant on the same day presented the cheque in Central Bank of India, Warangal, but it was dishonoured on 10/1/2004 under cheque return memo/Ex.P-4 on the ground of 'no account ' and the cheque was returned on 16/1/2004. Thereupon, the 2nd respondent/complainant got issued statutory notice/Ex.P-5 vide postal receipt/Ex.P-6 and the same was served under acknowledgment/Ex.P-7. The respondent got issued reply notice dtd. 9/2/2004/Ex.P-8 with false averments. Thus the complaint.