K.V. VENKATESH Vs. R. NATARAJ

JUDGEMENT

(1.) WHEN the matter was called, the learned counsel for the petitioner is present and ready to submit the arguments. But, none appears for the respondent and there is no representation. Under the said circumstance, this Court is left with no other choice than to proceed to hear the petitioner ™s counsel.

(2.) THIS petition is by the accused in the trial Court, who has been convicted in respect of an offence under Section 138 of the Negotiable Instruments Act and sentenced to pay Rs. 1,30,000/ - fine and in default to undergo S.I. for 12 months and the said judgment being confirmed by the lower appellate Court by dismissing the petitioner ™s appeal.

(3.) AFTER appearance of the parties and the accused pleading not guilty, the trial Court considered the evidence let in by both sides and taking note of the documents produced, finally, the petitioner was convicted for the offence under Section 138 of the N.I. Act. The trial Court took the view that there was Service of notice on the petitioner and the signature on the cheque is also that of the petitioner. Thus, the petitioner was convicted and sentenced as aforesaid and the lower appellate Court dismissed the petitioner ™s appeal.