R. RAJAPPA Vs. K. ASHOK RAI

JUDGEMENT

(1.) The present petitioner as the accused was tried by the Court of the learned XIX Additional Chief Metropolitan Magistrate at Bangalore City (hereinafter for brevity referred to as the "Trial Court"), in C.C.No.26605/2014 for the offence punishable under Section 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 dated 01-07-2016.

(2.) The summary of the case of the complainant in the Trial Court was that, the accused had entered into an agreement with him to sell a landed property to an extent of 04 acres 01 gunta in Survey Nos.28 and 185 of Kudlu Village, Sarjapura Hobli, Anekal Taluk. In that regard, both of them had entered into an agreement dated 15-10-2010. As on the date of the agreement to sell, the sale consideration of a sum of Rs.16.00 lakhs was paid to the accused as an advance amount. Subsequently, the accused failed to comply the terms of the agreement for sale. However, on repeated demands, the accused agreed to return the advance sale consideration amount received by him, in which direction, he issued a cheque bearing No.010343 dated 24-04-2013 for a sum of Rs.16.00 lakhs, drawn on the Lakshmi Vilas Bank, Koramangala Industrial Layout, Bangalore, in favour of the complainant and assured the complainant that the said cheque would be honoured, when presented for realisation. Accordingly, the complainant presented the said cheque through his banker for realisation, but the said cheque came to be dishonoured and unpaid with the banker's endorsement "funds insufficient". The complainant got issued a legal notice dated 24-05-2013 to the accused, demanding the payment of the cheque amount. Though the notice sent through Registered Post Acknowledgment Due (RPAD) was received by the accused, but he did not pay the cheque amount, which constrained the complainant to institute a case against him in the Trial Court for the offence punishable under Section 138 of the N.I. Act.

(3.) The accused appeared in the Trial Court and contested the matter through his counsel.