NARASIMHAPPA Vs. K.N.MALLA REDDY

JUDGEMENT

(1.) The accused has preferred this revision petition aggrieved by the impugned judgment of conviction and order of sentence dtd. 17/1/2013 passed in C.C.No.35395 of 2010 by the learned XIV Additional Chief Metropolitan Magistrate, Bengaluru, (for short 'the Trial Court'), convicting him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short *NI Act') and sentencing him to pay a fine of Rs.4,15,000.00, failing which, to undergo simple imprisonment for a period of one year, which was confirmed by the judgment dtd. 17/10/2014 passed in Criminal Appeal No.25030 of 2013 by the Fast Track Court-III, Mayohall, Bengaluru (for short 'the First Appellate Court').

(2.) Brief facts of the case are that, the respondent herein is the complainant. He filed the private complaint against the revision petitioner-accused for the offence punishable under Sec. 138 read with 142 of NI Act, contending that the accused had borrowed the loan of Rs.4,00,000.00 to meet his domestic requirements during December, 2009. The accused had promised to repay the same within three months. But, however, he had not repaid the same. On 7/4/2010, the accused issued cheque bearing No.808630 for a sum of Rs.4,00,000.00drawn on Indian Overseas Bank Limited, Brooke field Branch, Bengaluru, with a promise to arrange for sufficient amount in his account. The cheques were presented for encashment through his banker i.e., State Bank of India. But the said cheque was dishonored as there was 'insufficient funds' in the account of the accused on presentation for encashment. Immediately, after receiving intimation about dishonor of cheque, the complainant issued the legal notice as per Ex.P3 informing the accused regarding the same and calling upon him to repay the cheque amount. The said notice was served on the accused as per the postal acknowledgment Ex.P6 and in spite of that, the accused neither repaid the cheque amount nor sent any reply. Thereby, he has committed the offence punishable under Sec. 138 of the NI Act and prayed for convicting the accused for the offence punishable under Sec. 138 of the NI Act.

(3.) The Trial Court after taking cognizance of the offence, summoned the accused. His plea was recorded. The accused pleaded not guilty for the offence punishable under Sec. 138 of the NI act. The complainant examined himself as PW1 and got marked Exs.P1 to P7 in support of his contention. The accused denied all the incriminating materials available on record in the statement recorded under Sec. 313 of Cr.P.C and examined himself as DW1 and also examined DW2 and got marked Exs.D1 to D12 in support of his defence. The Trial Court after taking into consideration all these materials on record, came to the conclusion that the complainant has proved the existence of legally recoverable debt, issuance of cheque and its dishonor and thereby proved the guilt of the accused beyond reasonable doubt. Therefore, convicted the accused as aforesaid.