T.KUMAR Vs. K.CHENNAKESHAVULU

JUDGEMENT

(1.) "Whether the impugned orders of conviction and sentence passed against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 suffer infirmity, incorrectness or illegality"? is the question involved in this case.

(2.) The respondent prosecuted the petitioner in C.C.No.35723/2009 on the file of XVII Additional Small Causes and XXV Additional Chief Metropolitan Magistrate, Mayo hall unit, Bengluru for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 'the Act' for short).

(3.) The respondent presented the cheque Ex.P1 dated 12.07.2008 for a sum of Rs.9,50,000/-purportedly drawn by the petitioner on Punjab National Bank, Indiranagar Branch, Bengaluru in his favour for collection through is account in Federal Bank Ltd., K.R. Puram Branch. The same was dishonoured as per the Banker's memo Ex.P2 dated 13.08.2008 with an endorsement "funds insufficient". Thereafter, the respondent got issued the statutory notice dated 25.08.2008 as per Ex.P3 to the petitioner alleging that by issuing the cheque without making arrangements for realization of the same, he has committed cheating and called upon him to pay the cheque amount within fifteen days or else to face the prosecution.