A.G. NAGARAJ Vs. C.H. RUDRAPPA

JUDGEMENT

(1.) THE respondent filed a complaint under S.200 Cr.P.C. against the petitioner alleging commission of an offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), as the cheque Ex.P1 dated 01.02.2006 for Rs.1,50,000/- issued in his favour was dishonoured by the bank vide Ex.P2 with remark 'account closed'. Respondent had issued a notice / Ex.P3 demanding payment of the said cheque amount. Since payment was not made, complaint / Ex.P7 was filed.

(2.) PETITIONER appeared and when the accusation was put to him, pleaded not guilty and during trial, complainant got himself examined as PW-1 and examined R.Jayappa as PW-2 and marked Exs.P1 to P8. Accused ­ petitioner was examined under S.313 Cr.P.C. and it is a case of denial. Later petitioner got himself examined as DW-1 and examined two others as DWs 2 and 3 on his behalf and marked Ex.D1. After trial, learned JMFC, Davanagere, convicted the petitioner under S.138 of the Act and sentenced him to undergo S.I. for a period of 6 months and pay fine of Rs.1,000/- and in default, to undergo S.I. for further period of 45 days. Accused was directed to pay compensation of Rs.3,00,000/- i.e., twice the cheque amount to the complainant. Accused challenged the conviction and sentence by filing Crl.A.79/2011, in the Sessions Court at Davanagere. The same came to be dismissed on 21.10.2011. Challenging the conviction and the order of sentence, accused has filed this criminal revision petition.

(3.) THE defence of the accused was that the cheque was issued for security purpose to Ujjanappa, who was the husband of sister of the respondent and the loan of Ujjanappa was repaid on 15.06.1998 as per Ex.D1. THE cheque having not been returned by Ujjanappa, same has been misused by the respondent ­ complainant.