S.T. KRISHNAPPA, S/O. THIMMARAYAPPA Vs. MIS. CANARA NIDHI LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING IT REGISTERE OFFICE AT I FLOOR, SHANTHERI ROAD, KUMTA. HAVING ITS BRANCH OFFICE AT NO. S. 501/502, 5TH FLOOR, MANIPAL CE

JUDGEMENT

(1.) CHALLENGING the Judgments and Orders of conviction and sentence passed for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), accused has Ned this criminal revision petition. Heard Sri S. Mahesh, learned advocate for the petitioner and perused the record.

(2.) RESPONDENT filed a complaint alleging commission of an offence under S.138 of the Act, by the petitioner. Cheque/Ex.P2 issued by the petitioner for Rs. 5,00,000/ -, in complainant's favour was dishonoured with endorsement 'insufficient funds'. Respondent issued a demand notice and since the cheque amount was not paid, filed complaint under S.200 Cr.P.C., for the offence punishable under S.138 of the Act.

(3.) IN this case, admittedly, petitioner issued cheque Ex.P2 and the same was returned by the bank as per Ex.P3, on the ground of 'insufficiency of funds'. Demand notice to pay the cheque amount is at Ex.P4. The same was served and reply is at Ex.P6. Complainant has also produced the 'on demand promissory note', a 'take delivery letter' and the undertaking to pay the loan amount. in instalments and other loan records.