ABDULLA BAIG @ ZAMEER Vs. R. PRAKASH

JUDGEMENT

(1.) PETITIONER faced prosecution for the offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') in C.C.No.5932/2010 on the file of XII ACMM, Bangalore City. Considering the evidence brought on record by both sides, learned Magistrate found the accused guilty. On 15.02.2012, petitioner was convicted for the offence punishable under S.138 of the N.I. Act and was sentenced to pay fine of Rs.35,000/-, in default, to undergo S.I. for 6 months. Out of the fine amount, the complainant was held entitled to as Rs.30,000/- compensation. Crl.A.No.158/2012 filed in the Sessions Court, Bangalore City was dismissed by Judgment dated 06.08.2012. Assailing the said Judgments and Orders, the accused has filed this criminal revision petition.

(2.) LEARNED advocate for the petitioner by placing reliance on the decision in ANEETA HADA Vs. M/S. GODFATHER TRAVELS & TOURS PVT. LTD. reported in 2012 AIR SCW 2693, contended that in the absence of the firm whose cheque is the subject matter of consideration, the complaint filed is not maintainable and the conviction of the petitioner is illegal. Alternatively, learned counsel contended that the cheque having been issued for payment of only Rs.30,000/- and hence, the fine of Rs.35,000/- levied is irrational.

(3.) IN the result, the conviction of the petitioner for the offence under S.138 of the Act is maintained. The sentence of fine imposed on the petitioner is modified. He is sentenced to pay fine of Rs.30,500/-. Learned advocate appearing for the petitioner submits that Rs.15,000/- has already been deposited in the Trial Court. If that be so, the petitioner shall deposit the balance fine amount in the Trial Court.