RIYAZ AHMED Vs. V. SURESH

JUDGEMENT

(1.) IN this petition, the Trial Court convicted the petitioner/accused in a case related to dishonour of a cheque under S.138 of the Negotiable Instruments Act, 1881 ("the Act" for short). The judgment of conviction and order of sentence was confirmed in appeal by the learned Sessions Judge. Aggrieved, the petitioner/accused has filed this Criminal Revision Petition.

(2.) AS per the respondent/complainant, the petitioner/accused, agreed to supply alluminium materials and on his request, Rs.50,000.00 was paid in the form of a cheque bearing No.0000004580 dated 21.4.1999 drawn on Textile Co-Operative Bank Limited, Adugodi Branch, Bangalore, and that there being failure to deliver the agreed goods, even after the encashment of the said cheque, when persistently demanded, the petitioner/accused issued a cheque/Ex.P1, on 5.11.1999, for payment of Rs.50,000.00. The cheque on presentation, was returned with reason "payment stopped by drawer". Notice/Ex.P3, to pay the cheque amount was issued and the same was served on the petitioner. Neither the payment was made nor any reply was sent. Hence, the complaint/Ex.P8 was filed.

(3.) SRI K.A.Pasha, learned counsel contended that the respondent has failed to prove the existence of legally enforceable debt or liability and hence, presumption under S.139 of the Act is not attracted. He submitted that, even otherwise, the presumption has been rebutted in this case, keeping in view Exs.P7 and D1. Learned counsel submitted that the existence of a legally enforceable debt or liability having not been shown, the defence of the accused putforth during cross-examination of PW.1 as well as in the evidence of the accused as DW.1 has been probabalised.