CAV ORDER

This petition is filed challenging the judgment of conviction and sentence dated 14.01.2015 passed in C.C.No.11968/2008 for the offence punishable under Section 138 of NI Act by the Trial Court and the judgment dated 18.08.2015 passed in Crl.A.No.214/2015 by the First Appellate Court.

2. Heard the learned counsel appearing for the petitioner. Though respondent served, unrepresented.

3. The factual matrix of the case of the complainant before the Trial Court that the accused being known to the complainant, approached her on 12.11.2007 and obtained a hand loan of Rs.1,20,000/- from her to meet his financial necessities agreeing to repay the said amount within a month and to discharge his liability, accused issued a subject matter of Cheque dated 11.01.2008 for the said amount. On presentation of the said Cheque, the same was dishonoured with an endorsement ‘funds insufficient’ and hence, legal notice was issued calling upon the accused to repay the loan amount and the same was served, but, reply was not given and hence, the complaint was lodged and cognizance was taken and accused was secured before the Trial Court and he did not plead guilty and claims trial. Hence, the com