MOHAMMED ASHRAF Vs. U K USMAN HAJI

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) THE petitioner was the accused before the trial court on the basis of a complaint alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ' the NI Act', for brevity). It was alleged in the complaint that in repayment of a loan availed by the accused, he had issued a cheque bearing No.562672 dated 19.10.2005 for a sum of Rs.2,00,000/- drawn on ICICI Bank, Mangalore Branch, Mangalore. The same, when presented for encashment, was dishonoured with an endorsement that the funds were insufficient. The complainant had promptly issued a statutory notice demanding payment. When there was no compliance, a complaint was filed. The complaint was resisted by the petitioner, who contended that there was no transaction whatsoever between the complainant and the petitioner and the cheque, though issued on his account and duly signed by him, was not willfully issued to the complainant. The complainant apparently had stolen the cheque from his house, since they were friends and when the complainant is said to have visited the petitioner. That defence having been set up was negated by the trial court and the trial court convicted the petitioner for an offence under Section 138 of the NI Act and sentenced him to pay Rs.2,50,000/- and the entire amount was to be paid as compensation to the complainant. That having been carried in appeal, the appellate court had affirmed the judgment of the court below. It is that which is sought to be questioned in the present petition.