N. KRISHNAPPA Vs. K. KUMAR

JUDGEMENT

(1.) Aggrieved by the order of conviction and sentence recorded by the trial Court in C.C.No.15873/03 for the offences punishable under Section 138 of Negotiable Instruments Act, 1881 ( the NI Act for short) and confirmed by the first appellate Court in Crl.A.No.863/2010, the petitioner is before this Court in the above revision petition.

(2.) On 13.06.2003 the respondent/complainant through his account in Canara Bank, Basaveshwarnagar Branch, Bengaluru presented the Cheque Ex.P2 dated 12.06.2003 for realization drawn on Bank of Baroda, Kamakshipalya Branch, Bengaluru purportedly drawn by the petitioner, in his favour for Rs.2,75,000/-. The said Cheque was dishonoured as per return memo Ex.P3 dated 14.10.2003 with endorsement Insufficient Funds . He presented the said Cheque again for realization on 02.07.2003. Again the Cheque was dishonoured as per memo Ex.P4 with the endorsement Account Closed .

(3.) Thereafter the respondent issued notice Ex.P7 dated 16.07.2003 alleging that the petitioner had borrowed loan of Rs.2,00,000/- on 10.12.2002 and Rs.75,000/- on 15.03.2003 for his urgent needs and towards discharge of the said liability, he had issued the Cheque Ex.P2. In the notice it was further alleged that when the dishonour of the Cheque for the first time was informed to the petitioner, he requested to present the same once again. Therefore, it was presented for the second time on 02.07.2003 which was again dishonoured with endorsement Account closed . Therefore, under the notice Ex.P7 the respondent alleged that the act of the petitioner was fraudulent and called upon him to make good the Cheque amount within 15 days.