ANAND Vs. ANIL

JUDGEMENT

(1.) Even though the matter is listed for admission, the same is taken up for final hearing with consent of both the parties.

(2.) The revision petitioner/accused is before this Court assailing the impugned judgment of conviction and order of sentence dtd. 30/1/2019 passed in Criminal Case No.424/2018 on the file of J.M.F.C.-V, Belagavi (hereinafter referred to as 'the trial Court') convicting him for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'the N.I.Act') and sentencing him to pay fine of Rs.2,50,000.00 and in default of payment of fine, to undergo simple imprisonment for a period of six months, which was confirmed in Criminal Appeal No.45/2019 by the X Additional Sessions Judge, Belagavi (hereinafter referred to as 'the appellate Court') vide its judgment dtd. 3/6/2019.

(3.) Brief facts of the case before the trial Court is that the respondent herein filed the Private Complaint No.419/2018 against the accused alleging commission of the offence punishable under Sec. 138 of the N.I.Act. It is stated that the complainant had lent hand loan of Rs.2,00,000.00 to the accused and in discharge of the same the accused had issued the cheque bearing No.036576 dtd. 10/11/2017 for a sum of Rs.2,00,000.00. The said cheque was presented for encashment, but the same was dishonoured as there was "insufficient funds" in the account of accused. The complainant got issued the legal notice calling upon the accused to repay the cheque amount. The said notice was also served on the accused, but he had not replied nor he has repaid the cheque amount and thereby he has committed the offence punishable under Sec. 138 of the N.I.Act.