V.CHANDRASHEKAR Vs. N.VENKATACHALAPATHI

JUDGEMENT

(1.) Aggrieved by the order of conviction and sentence passed by the trial Court against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the N.I. Act ' for short) and the confirmation of the same by the First Appellate Court, the accused has preferred the above revision petition.

(2.) Petitioner was the accused and the respondent was the complainant in C.C.No.142/2013 on the file of the Principal Civil Judge & J.M.F.C., Chintamani. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the trial Court.

(3.) The complainant presented the Cheque Ex.P1 dated 18.09.2012 drawn on Canara Bank, Sidlaghatta Branch for a sum of Rs.3,00,000/- for realization through his account in Pragathi Gramin Bank, Chintamani Branch. That was dishonoured vide banker's memo Ex.P2 with an endorsement "funds insufficient". Then the complainant issued notice to the accused as per Ex.P4 dated 13.10.2012 alleging that the cheque was issued by the accused for discharge of loan of Rs.3,00,000/- availed by him on 18.08.2012 and that was dishonoured for want of funds. Therefore, under Ex.P4 the complainant called upon the accused to pay the Cheque amount within 15 days or else face prosecution.