Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1902 OF 2011

(Arising out of SLP (Crl.) No.2586 of 2007)

R.Vijayan

… Appellant

Vs.

Baby & Anr.

… Respondents

J U D G M E N T

R.V.RAVEENDRAN, J.

Leave granted. Heard.

2.

The complainant in a complaint under section 138 of the Negotiable

Instruments Act, 1881 (‘Act’ for short) is the appellant in this appeal by

special leave. A cheque dated 31.3.1995 for Rs.20,000/- issued by the first

respondent drawn in favour of the complainant, towards alleged repayment

of a loan was dishonoured when presented for payment. The appellant sent a

notice dated 20.4.1995 demanding payment. According to the complainant,

the notice was served on the first respondent but the payment was not made.

Therefore on 25.5.1995 the appellant lodged a complaint against the first

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respondent, under section 138 of the Act before the First Class Magistrate

-IV, (Mobile), Thiruvananthapuram. After trial, the learned Magistrate by

judgment dated 30.11.1996 found the accused guilty under section 138 of

the Act and sentenced her to pay a fine of Rs.2000/- and in default to

undergo imprisonment for one month. He al