ANIL Vs. SHIVANAND GURUPADAYYA HIREMATH

JUDGEMENT

(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.