SHARNAPPA Vs. C. YALLAPPA

JUDGEMENT

(1.) The present revision petitioner was the accused in the Court of the learned JMFC at Manvi (hereinafter for brevity referred to as the 'trial Court') against whom the present respondent, as a complainant, had instituted a private complaint under section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C.') alleging the offences punishable under section 138 read with section 142 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I. Act').

(2.) After institution of the complaint, cognizance was taken by the trial Court for the offences punishable under sections 138 and 142 of N.I. Act. Thereafter, the sworn statement of the complainant was recorded wherein the complainant in support of his statement, produced seven documents and marked them as Ex.P-1 to Ex.P-7. Summons was issued to the accused, who appeared through his counsel. The plea of the accused was recorded, wherein he denied the plea and claimed to be tried. After the evidence, the statement of the accused was recorded under section 313 of Cr.P.C. Accused did not lead defence evidence even though an opportunity was given. After hearing both side, the trial Court, by its impugned judgment and order on sentence dated 30.07.2013 under section 255 (2) of Cr.P.C. convicted the accused for the offence punishable under section 138 of N.I. Act. The accused was sentenced to pay a fine of Rs. 1,54,955.04/- and in default to pay the fine, to undergo simple imprisonment for four months. Challenging the said judgment of conviction and order on sentence, the accused preferred an appeal under section 374 of Cr.P.C. before the learned Principal Sessions Judge at Raichur (hereinafter for brevity referred to as 'Sessions Court') in Criminal Appeal No.27/2013, which after contest, dismissed the appeal by its judgment dated 25.02.2015. It is against the said judgments, the accused has preferred this appeal.

(3.) In response to the notice, the respondent is appearing through his counsel. Lower Court records are called for and the same are placed before this Court. Heard the arguments from both side. Perused the materials placed before this Court including the impugned judgments and the entire lower court records. The points that arises for my consideration are: