B.M. NAGARAJU Vs. K.L SUBRAMANYA

JUDGEMENT

(1.) The present petitioner as the accused was tried by the Court of the learned J.M.F.C-II, Shimoga (hereinafter for brevity referred to as the "Trial Court") in C.C.No.3644/2009 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the "N.I. Act") and was convicted for the said offence by its judgment of conviction and order on sentence dtd. 4/1/2010.

(2.) The summary of the case of the complainant in the Trial Court is that, the complainant is doing whole sale business in poultry and that the accused, as a customer had purchased broiler chicken from him of 1,500 kgs. at the rate of Rs.35.00 per kilogram and after discount of Rs.2,500.00, had paid as consideration a sum of Rs.50,000.00 in August 1999 through a cheque bearing No.990818 dtd. 30/8/1999 drawn on Karnataka Bank Limited, Shimoga. The said cheque when presented for its realisation, came to be dishonoured with the Banker's endorsement "funds insufficient". The complainant issued a legal notice demanding the cheque amount from the accused. However, the accused did not meet the demand. Thus, the complaint for the alleged offence punishable under Sec. 138 of the N.I. Act came to be filed by the complainant against the accused in the Trial Court.

(3.) The accused pleaded not guilty and the matter was tried, wherein both the parties have led their evidence and got marked documents from their respective side.