H.K.ISMAIL Vs. V.B.ONKAR

JUDGEMENT

(1.) "Whether the impugned order of conviction and sentence passed against the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('the NI Act' for short) suffer illegality impropriety and incorrectness?" is the question involved in this case.

(2.) The petitioner was prosecuted in C.C.No.390/2011 on the file of the Civil Judge and Additional JMFC, Tarikere on the basis of the complaint filed by the respondent. Respondent was the complainant and the petitioner was the accused in the said case. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the Trial Court.

(3.) The complainant presented the cheque Ex.P1 dtd. 12/5/2011 drawn on State Bank of Mysore, Koppa Branch for a sum of Rs.8,00,000.00 for realization through his account in State Bank of Mysore, Tarikere. The cheque was purportedly drawn by the accused in favour of the complainant.