T. C. CHANDRAIAH Vs. D. R. LINGAIAH

JUDGEMENT

(1.) Heard learned counsel appearing for both the parties.

(2.) The petitioner was the accused in criminal case No.433/2013 on the file of Senior Civil Judge and JMFC, Channapatna, initiated by the respondent-complainant herein for the offence punishable under Section 138 of Negotiable Instruments Act (for short the Act ).

(3.) The case of the respondent-complainant is that he, being the President of SDM Committee in the School, had advanced hand loan of Rs.2,50,000/- to the petitioner-accused on 12.03.2009 for the purpose of repayment of loan already incurred by the petitioner-accused. The accused had promised to repay the loan amount on or before 31.08.2009 and had issued post dated cheque bearing No.101860 drawn on State Bank of Mysore, Channapatna Branch, dated 31.08.2009 in favour of the respondent-complainant. When the said cheque was presented for collection, it was returned with an endorsement dated 12.09.2009 by Cauvery Kalpatharu Grameena Bank as insufficient funds . Therefore, the respondentcomplainant issued legal notice through his counsel to the revision petitioner-accused on 16.09.2009. On service of said notice, the accused has given untenable reply and has failed to pay the cheque amount thereby, the accused has committed the offence punishable under Section 138 of the Act.