MOHAMMED MOHIDDIN KHAN Vs. KISHORE M. PATEL

JUDGEMENT

(1.) The petitioner who was the accused in the Court of IV Addl. First Civil Judge and Judicial Magistrate First Class, Mysore (hereinafter referred to as 'the Trial Court') in C.C.No.989/2008 was found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act ') and was sentenced accordingly.

(2.) The summary of the case of the complainant in the Trial Court is that towards the purchase of Burma Teakwood as per the purchase order, the present petitioner issued two cheques to the complainant, the first cheque bearing No.862010 for Rs.4,00,000/- and dated 21.03.2008 and the second cheque bearing No.862016 dated 04.04.2008 for a sum of Rs.10,13,000/-, both drawn in favour of the complainant, on HDFC Bank, Saraswatipuram Branch, Mysuru. The complainant supplied the goods and presented both the cheques for realisation through his banker. However, both the cheques returned with the banker 's endorsement "insufficient funds " which made the complainant to issue a legal notice upon the accused demanding the cheques ' amounts, however, the accused sent a denial reply but did not repay the cheques ' amounts, which constrained the complainant to file a criminal case against the accused in the Trial Court for the offence punishable under Section 138 of the N.I. Act. The accused entered appearance in the Trial Court and contested the matter. The complainant got examined as P.W.1, got marked documents from Exs.P1 to P15. Neither any witness was examined on behalf of the accused nor documents were marked as exhibits from his side. After hearing both side arguments, the Trial Court by its impugned Judgment dated 26.08.2011 convicted the accused for the offence punishable under Section 138 of the N.I. Act and sentenced him accordingly.

(3.) Aggrieved by the said Order of conviction, the accused preferred an appeal in the Court of Court of IV Addl. Sessions Judge, Mysore (for brevity, hereinafter referred to as 'Sessions Judge 's Court ') in Criminal Appeal No.118/2011 which also, after hearing both side, by its Judgment dated 13.02.2012, dismissed the appeal and confirmed the Judgment of conviction and Order on sentence passed by the Trial Court. It is challenging these impugned Judgments, the accused has preferred the present revision petition.