H V BALAJI Vs. R P JUNJUNWALA

JUDGEMENT

(1.) RESPONDENT filed a complaint under S.200 Cr.P.C. against petitioner alleging commission of an offence under Ss.138 and 142 of the Negotiable Instrument Act ("the Act" for short) in PCR No.27638/2005. His sworn statement was recorded and case was ordered to be registered. In pursuance thereto, complaint was registered as C.C.No.2405/2006 in the Court of the XVI ACMM, Bangalore City. In response to the summons, accused having been appeared, was enlarged on bail. He pleaded not guilty. Case was posted for trial. Complainant deposed as PW.1 and marked Exs.P1 to P11. Statement of accused under S.313 Cr.P.C. was recorded and it is a case of denial.

(2.) ON 16.9.2008, a joint memo was filed, wherein, accused undertook to pay the cheque amount in two instalments i.e., Rs.9,00,000/- before 15.12.2008 and the balance amount in six months. Learned Magistrate, upon appreciation of the record of the case, found the accused guilty. He convicted accused for an offence under S.138 of the Act and sentenced him to pay Rs.9,00,000/- within a period of 6 months and in case of default, to undergo simple imprisonment for 6 months. The fine amount was directed to be paid as compensation to the complainant.

(3.) SRI M.M.Ashoka, learned counsel appearing for the respondent, on the other hand submitted that, the ingredients of Ss.138 and 142 of the Act have been made out. Even otherwise, petitioner filed a memo before the Trial Court and sought time to pay the cheque amount and in the circumstances, learned Magistrate is justified in holding the accused guilty and in convicting the accused for the offence under S.138 of the Act. Learned counsel submitted that the appeal being devoid of merit, has rightly been dismissed by the learned Sessions Judge.