SHEKARAPPA V KAVALUR Vs. M C DAYANANDA

JUDGEMENT

(1.) PETITIONER faced prosecution in C.C.No.915/2006 on the file of learned XVI Additional Chief Metropolitan Magistrate, Bangalore City, for an offence punishable under S.138 of the Negotiable Instruments Act ("the act" for short). Learned Magistrate by a judgment dated 29.5.2008 convicted the petitioner for the offence under S.138 of the Act and sentenced to pay fine of Rs.7,50,000/-, in default to undergo simple imprisonment for two years. Out of the fine amount, when realised, Rs.7,25,000/- was ordered to be paid to the complainant as compensation. Feeling aggrieved, the accused Crl.A.No.461/2008 and the complainant filed Crl.R.P.No.368/2008 in the Sessions Court at Bangalore. Learned Appellate Judge by a judgment dated 5.12.2009 dismissed the appeal and the revision petition and confirmed the impugned Judgment therein passed by the Trial Court. Assailing the said judgments, the accused has filed this Criminal Revision Petition.

(2.) LEARNED counsel appearing for the petitioner does not question the legality or otherwise of the judgment of conviction for the offence punishable under S.138 of the Act. It was submitted that the challenge is confined only to the sentence of payment of fine of Rs.7,50,000/-. It is submitted that the petitioner has shown bonafides by depositing substantial amount towards fine. A memo has been filed with regard to the deposit of Rs.2,63,000/- being the balance cheque amount.

(3.) THE cheque in question (Ex.P2) was issued on 10.6.2005 for payment of Rs.6,00,000/-. The cheque was returned for the reason "funds insufficient". Complainant served demand notice dated 29.12.2005 to pay the cheque amount. The amount having not been paid, complaint was filed before the Trial Court, wherein the petitioner was found guilty and sentenced, as above.