ORDER

1. The present petitioner was accused in C.C.No.50961/2014, in the Court of the learned XIV Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as the 'trial Court'). By its judgment dated 26.02.2016, the trial Court convicted the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act') and was sentenced accordingly.

2. The summary of the case of the complainant in the trial Court was that the complainant and the accused and one Suresh, son of accused, were known to each other for the past ten years. The accused and his son approached the complainant for financial assistance of Rs. 5 lakhs for construction of the third floor in their building and also for alteration of the ground to second floor. As the amount was huge, the complainant sought three months time to arrange for the funds. In the first week of January 2009, the complainant managed to arrange the loan and has paid a total sum of Rs. 4,75,000/-. The amount was paid by the complainant from the compensation amount received by her in MVC.No.3237/2001 and MVC.No.3238/2001. The complainant had the LIC policy