VITTAL POOJARY Vs. JAGADISH RAO

JUDGEMENT

(1.) PETITIONER/accused has been convicted for an offence under S.138 of the Negotiable Instrument Act ("the Act" for short) and was sentenced to pay fine of Rs.95,000/-, in default, to undergo simple imprisonment for a period of 6 months, by the learned V JMFC., Mangalore, in C.C.No.2944/2006 vide judgment dated 13.11.2008. Crl.A.No.395/2008 filed in the Sessions Court, Mangalore, was dismissed on 24.3.2009. This revision petition is directed against the said judgments.

(2.) SRI Shashikanth Prasad, learned counsel appearing for petitioner submitted that, petitioner paid to respondent Rs.20,000/- on 12.4.2009 and has deposited Rs.25,000/- in the Magistrate Court on 17.8.2009. He submits that the balance fine amount would be deposited by petitioner in the Trial Court within a period of 6 months from today.

(3.) THE amount in deposit be released in favour of the complainant.