K. NAGARAJ Vs. P.N. LINGESH BABU

JUDGEMENT

(1.) The petitioner who was the accused in the Court of learned III Addl. Senior Civil Judge & JMFC at Davanagere (hereinafter referred to as 'the Trial Court1) in CC. No.2405/2009 (old CC No.257/2008), was found guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act') and accordingly was convicted by Judgment dtd. 21/11/2012.

(2.) The summary of the case of the complainant in the Trial Court is that the accused who was acquainted with him had borrowed a loan of Rs.80,000.00 from him in the first week of January, 2006, agreeing to repay the same with interest at the rate of 2% per month. Since the accused did not repay the loan amount, at the specific demand made by the complainant for the repayment of the loan amount, the accused issued a cheque bearing No.059240 dtd. 18/2/2007 drawn on Corporation Bank, Mandipet Branch, Davanagere, for a sum of Rs.80,000.00 in favour of the complainant. When the said cheque was presented by the complainant for its realisation, the same came to be dishonoured with the banker's shara 'insufficient funds'. Thereafter the complainant got issued a legal notice to the accused demanding the cheque amount. However, even after receiving the notice, the accused neither replied to the notice nor paid the cheque amount which constrained the complainant to file a criminal case against him for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The accused appeared in the Trial Court and contested the matter. After recording evidence and hearing both side arguments, the Trial Court by its impugned Judgment convicted the accused for the offence punishable under Sec. 138 of the Act and imposed a fine of Rs. 1,05,000.00 upon him. In default of payment of fine amount, the accused was also ordered to undergo simple imprisonment for four months. The Crl. A. No. 127/2012 filed by the accused challenging the Judgment of conviction passed by the Trial Court also came to be dismissed by the Judgment dtd. 1/3/2014, of the Prl. District and Sessions Judge, Davanagere(for brevity 'Sessions Judge's Court'). As such, the accused has filed the present revision petition.