C. DEVARAJU Vs. M. GOPALAPPA

JUDGEMENT

(1.) The present petitioner as the accused was tried by the Court of the learned XIV Additional Chief Metropolitan Magistrate, Bangalore (hereinafter for brevity referred to as the 'Trial Court'), in C.C. No. 82564/2009, 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 05-12-2011.

(2.) The summary of the case of the complainant in the Trial Court is that, he had filed a suit in O.S. No. 1086/2003, against one Smt. Marakka and two others, seeking for partition and separate possession of his share in the suit schedule immovable property. The said suit came to be compromised in the Court of the I Additional Civil Judge, (Senior Division), Bangalore Rural District, Bangalore, on 15-04-2009 based upon a compromise petition filed by the parties. However, the complainant had his vested undivided share with respect to one item of his immovable property, which could not be allotted to him in view of certain commitments of some of the parties to the suit in favour of one Sri. Nagaraj, who, in turn, had brought the accused Devaraju into negotiations to bring a compromise to enable the accused to purchase the said item of the immovable property. In this regard, the complainant was persuaded to give up his rights and share in that property. Accordingly, in lieu of his share therein, he was paid a sum of Rs. 4,00,000/- in cash in the suit before the said Court and he was also given a cheque for a sum of Rs. 6,00,000/- in his favour bearing cheque No. 182993 dated 15-07-2009 drawn on Syndicate Bank, Ramamurthy Nagar Branch, Bangalore, by the accused. The said suit came to be disposed of as compromised.

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