D RAJKUMAR Vs. B JYOTHI SHETTY

JUDGEMENT

(1.) THE revision petitioner herein who was accused in C.C. No.34321 of 2002 on the file of learned XVI ACMM, Bangalore (here in after referred to as the 'Trial Court' for short, has challenged in this revision the legality and correctness of the judgment and order of conviction dated 20.10.2004, passed in the said case convicting him for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentencing him to pay fine of Rs.1,50,000. He has also challenged in this revision the correctness of the judgment and order dated 17.11.2005 passed in Criminal Ap peal No. 1100 of 2004 by the learned Presiding Officer, FTC-IV, Bangalore City dismissing the said appeal and confirming the judgment and order of conviction and sentence passed by the Trial Court.

(2.) AT the outset, Sri Krishna Das, the learned Counsel for the revision petitioner/accused submits that the revision petitioner/accused issued the cheque in question for a sum of Rs. 1,00,000 towards discharge of the liability of the Bapuji House Building Co-operative Society as he was the President of the said Society and therefore sentence of fine of Rs.1,50,000 imposed on him as against the cheque amount of Rs. 1,00,000 is very harsh and hence the same deserves to be reduced.