(1.) Leave granted.
(2.) Challenging the conviction under Section 138 of the Negotiable Instruments Act and levy of fine of Rs.7,00,000/- (Rupees Seven Lakhs), the appellant-accused has preferred this appeal.
(3.) The appellant-accused was running a business in the place rented out by the respondent-complainant. When the appellant left the place total rental amount payable by the appellant to the respondent-complainant was Rs.4,85,000/- (Rupees Four Lakhs Eighty Five Thousand). For which the appellant issued a cheque bearing No.382422 dated 21.06.2006 for a sum of Rs.4,85,000/-. When the said cheque was presented by the respondent- complainant for the clearance in the Syndicate Bank, it was returned with the endorsement "œAccount closed ". On the request of the appellant, the said cheque was again presented on 26.08.2006; but this time also the cheque was dishonoured. After issuing of notice to the appellant on 30.10.2006 the respondent-complainant had filed the complaint against the appellant for the offence punishable under Section 138 of the N.I. Act.