KANAKARATHNA Vs. STELLA BHARATHI

JUDGEMENT

(1.) THIS criminal revision petition has been filed by the accused who was found guilty of the offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') and sentenced to pay fine of Rs.7,60,000/-, in default, to undergo S.I. for a period of 6 months.

(2.) RESPONDENT filed a complaint against the petitioner for the offence under S.138 of the Act, as cheque �Ex.P2 issued for Rs.7,50,000/-, drawn on Canara Bank, D.V.G. Road, Bangalore, in her favour was dishonoured with endorsement 'account closed'. Respondent issued a notice dated 21.03.2007 / Ex.P4, demanding the payment of the cheque amount. Postal acknowledgement is Ex.P5. Petitioner replied as per Ex.P7. No payment was made and hence, complaint as per Ex.P1 was filed.

(3.) SRI B.S. Hadimani, learned advocate, contended that the petitioner had given a blank cheque Ex.P2 for the purpose of security of the chit amount and subsequently discharged / paid the chit amount to the complainant and demanded the blank cheque Ex.P2, to which the complainant stated that the cheque was misplaced and after tracing, the same would be returned. Learned counsel submitted that the blank cheque issued has been misused by the respondent � complainant and that the complaint filed, based on the misused cheque is false. Learned counsel submitted that, though the ingredients of offence under S.138 of the Act has not been made out by the complainant, the Courts below have committed error and illegality in finding the petitioner guilty of the offence under S.138 of the Act. He submitted that the findings recorded in impugned Judgments are perverse and hence, interference in the matter is warranted.