R.P.ANJANEYA MURTHY Vs. KUMARA SWAMY AGENCIES

JUDGEMENT

(1.) The present revision petition has been filed by the accused who was convicted by the Court of the learned Civil Judge (Jr.Dvn.) and J.M.F.C. at Sira (hereinafter for brevity referred to as the "Trial Court") in C.C.No.544/2004 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 sentenced to pay a fine of Rs. 5,000/- and in default, to undergo simple imprisonment fora period of six months. He was also directed to pay the cheque amount to the complainant as compensation.

(2.) The summary of the case of the complainant in the Trial Court is that, the complainant which is a Trading Company doing business in Cements, Cold Drinks etc,, had given the dealership of Pepsi Cola for Sira Taluk and had sold its business along with stock-in-trade to the accused for consideration of a sum of Rs. 4,29,521/- on 24-01-2004. The accused after paying a sum of Rs. 1,09,521/-, had issued a cheque towards the balance consideration of a sum of Rs. 3,20,000/- in the form of post dated cheque bearing No.477340 drawn on Tumkur Grain Merchants Bank Limited, Sira. When the complainant presented the said cheque on the due date, the same came to be dis-honoured with banker's endorsement of insufficiency of funds in the account of the drawer. The complainant demanded the cheque amount by issuing a legal notice for which also, the demand was not met, which constrained her to institute a complaint against the accused for the offence punishable under Sections 138 and 142 of the N.I. Act.

(3.) The respondents herein are the legal representatives of the deceased complainant who came on record in the Trial Court. Respondents are being represented by their counsel.