M PRAKASH Vs. MURUGARAJENDRA CO OPERATIVE BANK LTD

JUDGEMENT

(1.) The petitioner, on 15.9.2005, handed over a cheque for Rs. 3,00,000/-, to the respondent, towards the debt due by Sri Shivakumar and Smt Amrutha, who had availed a loan from the respondent, by deposit of title deeds. On 28.7.2005, the said cheque was presented for payment. It was returned unpaid by the banker of the petitioner on the ground of 'insufficient funds'. Respondent sent an intimation dated 15.9.2005 to pay the amount within 7 days, in terms of an affidavit executed by the petitioner.

(2.) The said cheque was again presented before the bank on 1.10.2005 and was dishonoured on the ground 'funds insufficient'. Respondent served a notice dated 6.10.2005, calling upon petitioner to pay the cheque amount within 15 days from the date of receipt thereof. Since, no payment was received, a complaint under S.200 Cr.P.C., was filed, to punish the petitioner for the offences under Ss.138 and 142 of the Negotiable Instruments Act, 1881 ('the Act' for short). Cognizance was taken and petitioner was summoned to face the trial. Petitioner pleaded not guilty. For the complainant, PW-1 was examined and Ex.P.1 to P.10 were marked. PW-1 was not cross examined. Accused was examined under S.313 Cr.P.C. There is no defence evidence. Considering the arguments addressed for the complainant and the written submission of the accused, learned Magistrate found the accused guilty of the offence under S.138 of the Act and sentenced the accused to pay fine of Rs. 30,000/- and compensation of Rs. 3,00,000/- and in default, to undergo simple imprisonment for a period of 6 months.

(3.) Criminal Appeal filed, contending that in view of issuance of intimation dated 15.9.2005 by the complainant, the subsequent demand notice dated 6.10.2005 (Ex.P.6) is not a valid notice and that the complainant has no cause of action to file the complaint. The contention was not accepted and the appeal was dismissed. Feeling aggrieved, the accused has filed this Criminal Revision Petition.