S.A. SABASTIAN Vs. G. THIPPERANGAIAH

JUDGEMENT

(1.) THIS Criminal Revision Petition is by the accused, who has been convicted under Section 138 of the Negotiable Instruments Act by the trial Court and sentenced to pay Rs. 65,000/ - as fine and in default to undergo simple imprisonment for six months and the said judgment being affirmed by the lower appellate Court by dismissing the petitioner ™s appeal.

(2.) THE case of the complainant in short is that, he took the house of the accused on lease from 16.9.1999 and paid Rs. 2,50,000/ - towards the lease amount and, after vacating the premises on 25.3.2002, the complainant sought for payment of the lease amount, but the accused paid only Rs. 2,05,000/ - and the balance of Rs. 45,000/ - was not paid. In the first week of February, 2004, the accused gave a post dated cheque for Rs. 45,000/ - dated 15.2.2004 and the said cheque, on presentation, was returned with the endorsement "insufficient funds . After issuing a notice to the accused, a complaint was present before the trial Court under Section 200 of the Cr.P.C.

(3.) LEARNED counsel Shri Ramesh Babu for the petitioner -accused, by referring to the documents produced and the evidence of RW.1 in particular, submitted that the lease agreement was between the complainant and the mother of the accused. As per the lease agreement Ex. D1, the entire amount was paid by the mother to the complainant and the balance of Rs. 4,000/ - was adjusted towards the repair charges. Therefore, no amount was due by the accused as the accused had not taken any loan from the complainant.