TMI Blog2020 (12) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... ng upon her to pay the amount involved in the matter. From the materials placed on record, it is found that the revision petitioner/accused has taken a defence that she was having business dealings with the wife of the complainant and in connection with the said business, she had given the cheque in question as a security. However, pointing to the abovesaid version taken by the revision petitioner/accused in support of her defence, no acceptable and reliable material has been placed on record. It is found that the revision petitioner/accused has also lodged a complaint against the complainant's wife marked as Ex.P8 and to establish the same, the complainant has examined P.W.2, the police constable. However, from the evidence adduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the conviction and sentence imposed on the revision petitioner / accused by the courts below. Revision petition dismissed. - Crl RC.No.458 of 2015 M.P. Nos. 1 & 2 of 2015 - - - Dated:- 31-8-2020 - THE HONOURABLE MR. JUSTICE T. RAVINDRAN For the Petitioner : Mr. S.Arokiamaniraj, Legal Aid Counsel For the Respondent : Mr. Karthikeyan for M/s. V. Nicholas ORDER This Criminal Revision Petition has been directed against the judgment dated 10.02.2015 passed in Crl. A. No.58 of 2014 on the file of the Principal District Sessions Court, Krishnagiri, confirming the conviction and sentence imposed on the petitioner/accused in STC No.292 of 2013 vide judgment dated 30.07.2014 on the file of the Judicial Magistrate, Fast T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terials placed on record by the respective parties and the submissions made, was pleased to convict the revision petitioner/accused under Section 138 of the Negotiable Instrument Act and sentenced her to undergo simple imprisonment for 6 months and also to pay a compensation of ₹ 12,00,000/- under Section 357 of the Code of Criminal Procedure, 1973. 5. The Criminal Appeal preferred by the revision petitioner/accused against the conviction and sentence imposed on her has been dismissed by the Principal Sessions Court, Krishnagiri. Impugning the conviction and sentence imposed on her by the courts below, the present Criminal Revision Petition has been preferred by the revision petitioner / accused . 6. Considering the evidence add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature has been marked as Ex.P9. On a perusal of the complaint, it is found that according to the revision petitioner/accused, the complainant's wife had stealthily taken away the cheque and the receipt kept by her in the hand bag and only in connection with the same, she had preferred the complaint. However, as above pointed out, the revision petitioner/accused has disowned the complaint said to have been lodged by her marked as Ex.P8, but strangely she would admit the signature contained in Ex.P8, which has been marked as Ex.P9. According to the revision petitioner/accused, the signature had been obtained by the police in a blank paper. Be that as it may, now according to the revision petitioner/accused, the cheque in question had bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g acceptable and reliable material and furthermore when the revision petitioner/accused has not placed any material to sustain that she had given the cheque in question as a security in connection with the silk business and as above pointed out the revision petitioner having not chosen to challenge the legal notice sent by the complainant, all put together, would only lead to the conclusion, as held by the courts below, that inasmuch as the revision petitioner/accused had received the amount from the complainant in connection with her daughter's education accordingly she is unable to place any material to rebut the presumption which had been rightly raised in favour of the complainant by the courts below. 8. The argument has been rai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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