K. KUPPURAJ KANNAPPA Vs. J. THRILOKAMURTHY

JUDGEMENT

(1.) Heard learned counsel for petitioner. Perused records.

(2.) Petitioner is before this Court under Section 397 of Cr.P.C. challenging the concurrent judgments rendered by the courts below convicting the petitioner under Section 138 of Negotiable Instruments Act and sentencing to pay fine of Rs.10,50,000/- and in default to undergo simple imprisonment for three months.

(3.) The contention of the learned counsel for petitioner is that the complainant has failed to prove his capacity to pay huge sum of Rs.10,00,000/- to the petitioner/accused. The plea taken up by the complainant that he had sold his two pieces of land in the year 2005 and after seven years of the said sale he had lent Rs.10,00,000/- to the petitioner/accused, could not have been believed by the courts below, without there being cogent proof in support of the said plea. Further, the learned counsel pointed out that the trial Court failed to provide adequate opportunity to the petitioner/accused to substantiate his defence. The application filed by the petitioner/accused under Section 91 of Cr.P.C. to summon the records from the bank to show that at relevant time the complainant was not in possession of such huge amount, has been rejected by the trial Court; as a result, there was no proper opportunity to the petitioner/accused to substantiate his defence. Further he contends that the trial Court has also failed to appreciate the defence taken up by the petitioner in proper perspective. As such, there is miscarriage of justice and hence seeks to interfere in the impugned judgments.