S.P.MANI Vs. M.V.RAGHU

JUDGEMENT

(1.) The present Revision Petitioner was an accused in the Court of learned XXII Addl.Chief Metropolitan Magistrate and XXIV Addl.Small Causes Judge, Bengaluru, (hereinafter for brevity referred to as Rs.trial Court'), in C.C.No.19269/2007, filed by the present respondent as a complainant. The said complainant had filed a complaint under Section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as Rs.Cr.P.C.), against the present petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs.N.I.Act').

(2.) The summary of the case of the complainant in the trial Court was that the accused had entered into an Agreement of Sale dated 5.9.2006 with the complainant agreeing to sell his immovable property, however, upon the failure by the accused to perform his part of the contract, the said Agreement to Sell could not be culminated in the execution of the registered Sale Deed. As such, the accused agreeing to return the advance amount as dischargal of part of the said liability, issued a cheque bearing No.077608, dated 24.12.2006, for a sum of Rs.9,25,000/-, drawn on Bank of India, Whitefiled Branch, Bengaluru-560066, in favour of the complainant, with an assurance that the said cheque would be honoured on its presentation. However, on presentation, the said cheque came to be dishonoured on 20.1.2007 with the Banker's endorsement Rs.funds insufficient'. Thereafter, the complainant brought the said fact to the notice of the accused by issuing a legal notice dated 2.2.2007 as required under Section 138 of N.I.Act and demanded the payment of the cheque amount within fifteen days from the date of receipt of the said notice. The accused though received the said legal notice, but, did not pay the amount demanded thereunder, rather, sent an untenable reply, which constrained the complainant to file the complaint.

(3.) In response to the notice, the accused appeared in the trial Court and contested the matter.