OF

CONVICTION AND SENTENCE PASSED BY THE COURT OF

THE HONOURABLE LXIV ADDITIONAL CITY CIVIL AND

SESSIONS

JUDGE,

(CCH-65),

BENGLAURU

IN

CRL.A.NO.869/2020 DATED 29.09.2022 AND ETC.

IN CRIMINAL REVISION PETITION NO.1482/2022

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PLEASED TO ALLOW THE CRIMINAL REVISION PETITION

WITH COSTS AND SET ASIDE THE JUDGMENT OF

CONVICTION AND SENTENCE PASSED BY THE COURT OF

THE HONOURABLE LXIV ADDITIONAL CITY CIVIL AND

SESSIONS

JUDGE,

(CCH-65),

BENGLAURU

IN

CRL.A.NO.870/2020 DATED 29.09.2022 AND ETC.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS

DAY, THE COURT MADE THE FOLLOWING:

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COMMON ORDER

The petitioner - accused in C.C.No.15881/2018,

C.C.No.15882/2018 and C.C.No.15879/2018 on the file of

the learned XXIII Additional Chief Metropolitan Magistrate,

Bengaluru (hereinafter referred to as the 'Trial Court' for

brevity) is impugning the judgments of conviction and

order of sentence dated 03.10.2020, convicting her for the

offence punishable under Section 138 of Negotiable

Instrument Act (for short 'NI Act'), and sentencing her to

pay fine of Rs.10,00,000/- each and in default, to undergo

simple imprisonment for a period of 12 months each in

C.C.No.15881/2018

and

C.C.No.15882/2018;

and

sentencing

her

to

pay

fine

of

Rs.7,50,000/-

in

C.C.No.15879/2018 and in default, to undergo simple

imprisonment

for

a

period

of

10

months

in

C.C.No.15879/2018, which were confirmed vide judgment

dated

29.09.2022

passed

in

Criminal

Appeal

Nos.870/2020, 871/2020 and 869/2020 on the file of the

learned LXIV Additional City Civil and Sessions Judge

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(CCH-65), Bengaluru (hereinafter referred to as the 'First

Appellate Court' for brevity).

2. Brief facts leading to the case are as under;

The complainant is common in C.C.No.15881/2018

and

C.C.No.15882/2018

and

the

complainant

in

C.C.No.15879/2018 is the husband of the complainant in

C.C.No.15881/2018

and

C.C.No.15882/2018.

The

complainants have filed the private complaints under

Section 200 of Cr.P.C before the Trial Court against the

accused alleging commission of the offence punishable

under Section 138 of NI Act. The learned Magistrate took

cognizance of the offence, registered the cases in

C.C.No.15881/2018,

C.C.No.15879/2018

and

C.C.No.15882/2018 and summoned the accused.

3. The accused has appeared before the Trial Court

in response to the summons and pleaded not guilty for the

accusations made against her. The complainant in

C.C.No.15881/2018 and in C.C.No.15882/2018 examined

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herself as P.W.1 and examined one witness as P.W.2 and

got marked Exs.P.1 to 10 in support of her contention.

The complainant in C.C.No.15879/2018 examined himself

as P.W.1 and got marked Exs.P.1 to 7 in support of his

contention. The accused has denied all the incriminating

materials available on record and examined herself as

D.W.1. The Trial Court after taking into consideration all

these materials held that the complainants are successful

in proving the guilt of the accused for the offence

punishable

under

Section

138

of

NI

Act,

beyond

reasonable doubt and accordingly, convicted the accused

for the alleged offence.

4. Being aggrieved by the same, the accused has

preferred Criminal Appeal Nos.870/2020, 871/2020 and

869/2020. The First Appellate Court on re-appreciation of

the materials on record, dismissed the appeals by

confirming the impugned judgments of conviction and

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order of sentence passed by the Trial Court. Being

aggrieved by the same, the accused is before this Court.

5. Heard Sri.Naveen J.N., learned Advocate for the

petitioner and Sri.M.Rajashekar, learned Advocate for the

respondent. Perused the materials including the Trial

Court records.

6. Learned counsel for the revision petitioner -

accused submitted that the cheques in question were not

issued towards legally recoverable debt. There was a chit

business. In that regard, the blank cheques with

signatures of the accused were taken and subsequently,

the same was misused by the complainants by presen