NARAYANA D.B. Vs. KRISHNA PRASAD

JUDGEMENT

(1.) The present petitioner as the accused was tried by the Court of the learned 2nd Additional Civil Judge and J.M.F.C. at Chikmagalur, (hereinafter for brevity referred to as the "Trial Court"), in Criminal Case No.3112/2006 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. 22/5/2010. Aggrieved by the same, the accused preferred a Criminal Appeal in the Court of the Additional Sessions Judge at Chikmagalur (hereinafter for brevity referred to as the "Sessions Judge's Court") in Criminal Appeal No.132/2010. The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge's Court in its order dtd. 30/11/2011 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court dtd. 22/5/2010 in C.C.No.3112/2006. Aggrieved by the said order, the accused has preferred this revision petition.

(2.) The summary of the case of the complainant in the Trial Court was that, for a valid consideration, the accused had issued a cheque for a sum of '50,000/- dtd. 17/2/2006 drawn on Chikmagalur District Co-operative Bank Limited, Head Office Branch, Chikmagalur, and bearing No.014896 in favour of the complainant. The said cheque when presented for its realisation by the complainant through his banker, came to be returned unpaid with a banker's endorsement 'funds insufficient'. Thereafter, the complainant got issued a legal notice to the accused demanding the cheque amount. However, the accused did not pay the cheque amount, but sent an untenable reply, which made the complainant to institute a criminal case in C.C.No.3112/2006 in the Trial Court against him, for the offence punishable under Sec. 138 of the N.I. Act.

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