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2011 Supreme(Mad) 2753

R.MALA
A. Suseela – Appellant
Versus
S. Radhakrishnan – Respondent


Advocates Appeared:
For the Petitioner:K. Kalyanasundaram, Advocate.
For the Respondent: No Appearance.

JUDGMENT :-

1. This revision has been preferred against the judgment of conviction and sentence, dated 03.01.2008, in C.A.No.260 of 2007, on the file of the Principal District and Sessions Judge, Coimbatore, whereby the accused found guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced her to undergo one year simple imprisonment, confirming the judgment of conviction and sentence, dated 11.06.2007, in S.T.C.No.428 of 2006, on the file of the Judicial Magistrate's Court No.7, Coimbatore.

2. The gist and essence of the case is as follows:

The revision petitioner/accused herein borrowed a sum of Rs.2,50,000/- from the respondent/complainant on 13.09.2005. After repeated demands made by the respondent, to discharge the liability, the revision petitioner/accused issued a cheque bearing No.797594, dated 14.10.2005 for Rs.2,00,000/-, which was marked as Ex.P1. When the cheque was presented for encashment in Bank, it was returned as 'Funds insufficient' as per return memo under Ex.P2 and debit advice under Ex.P3. Therefore, the respondent issued a statutory notice to the revision petitioner on 02.11.2005, which was marked as Ex.P4 and the certificate of posting









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