R SUBBA RAO MANE Vs. A S PRABHAKAR

JUDGEMENT

(1.) Petitioner filed a complaint under S.200 of Crimial P.C. r/w Ss.138 and 142 of the Negotiable Instruments Act (for short 'the Act') as a cheque dated 4.9.2002 for a sum of Rs. 2,00,000.00 issued by the respondent was dishonoured with remarks "insufficient funds". Petitioner issued a legal notice dated 3.10.2002, which was returned on 21.9.2002. Notice sent through certificate of posting was served on the respondent - accused. However, no payment was made nor any reply was given. Hence, complaint was filed. Summons having been served, respondent accused appeared and was enlarged on bail. Accused pleaded not guilty. Complainant got himself examined as PW-1 and marked Ex.P1 to P6. Statement of the accused under S.313 of Crimial P.C. was recorded. Accused got himself examined as DW-1, when the case was posted for defence evidence and marked Ex.D1.

(2.) After trial, learned Magistrate found the accused guilty and convicted the respondent under S.138 of the Act and sentenced him to pay a fine of Rs. 2,25,000.00, in default of payment of fine, to undergo simple imprisonment for 6 months. Rs. 2,20,000.00 was awarded as compensation to the complainant petitioner and Rs. 5,000.00 was ordered to be appropriated towards expenses of the State Government, if fine amount is realised.

(3.) Respondent challenged the conviction and sentence by filing Crl.A.No.812/2008 in the Sessions Court, Bangalore city. Appeal was allowed and the judgment of conviction and order of sentence, noted supra, was set aside and respondent was acquitted for the offence under S.138 of the Act. Feeling aggrieved, complainant has filed this Criminal Revision Petition.