PRAKASH Vs. BASAVARAJ J. HALAPPANAVAR

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

(2.) Brief facts of the case are that the accused-appellant had borrowed Rs. 2,32,000/from the respondent (complainant). Further, in lieu of the aforesaid debt, accused appellant had issued a Cheque No. 1521 of 16.10.2000. As the cheque was returned for 'stop payment', the respondent (complainant) filed a complaint before the Civil Judge and JMFC, Haveri under Sec. 138 of the Negotiable Instruments Act [for brevity 'NI Act'].

(3.) By an Order dated 19.06.2010, the Civil Judge and JMFC, Haveri, convicted the petitioner under Sec. 138 of NI Act and sentenced the accused to undergo simple imprisonment of six months and also directed the accused-appellant to pay a fine of Rs. 4,64,000/out of which Rs. 4,62,000/was to be paid as compensation to the respondent (complainant) and in default he was further liable to suffer imprisonment of three months.