JAYACHANDRA Vs. B PRABHAKAR

JUDGEMENT

(1.) This appeal is by the complainant questioning the legality and correctness of the order dated 10.07.2012 passed by the Presiding Officer, Fast Tract Court-III, Hospet, in Criminal Appeal No.44/2012, whereunder, the Appellate Court after setting aside the judgment of conviction passed by the trial court convicting the respondent-accused for the offence punishable under Section. 138 of the Negotiable Instruments Act ( for short ;N.I. Act ) has remanded the matter to the trial court for fresh disposal with a direction to refer the disputed signature for comparison with the admitted signature by an handwriting expert.

(2.) Appellant initiated prosecution against the respondent for offence punishable under Section 138 of the N.I. Act in respect of the cheque said to have been issued by the respondent-accused for a sum of Rs.17,93,000/-, which came to be returned unpaid on presentation. The appellant contended that upon receipt of the information regarding return of the cheque unpaid, statutory notice as required by Clause (b) of proviso to Section 138 of the N.I. Act came to be issued to the accused and the same was served personally on the respondent-accused and in spite of the same, the accused failed to comply with the demands made therein.

(3.) The learned Magistrate on assessment of oral as well as documentary evidence, after referring to the contention of the accused, proceeded to hold that since the complainant has produced the postal acknowledgment for having served the notice, the complainant has complied with the requirement of Section 138 of the N.I. Act. The learned Magistrate having regard to the fact that the accused had admitted the issuance of the cheque and since the cheque had been returned unpaid when presented for encashment, held the accused guilty of the offence punishable under Section 138 of the N.I. Act and sentenced him to pay fine of Rs.18,05,000/-. Aggrieved by the said judgment, the accused filed appeal before the learned Sessions Judge.