S.A.SABASTIAN Vs. G.THIPPERANGAIAH

JUDGEMENT

(1.) This Criminal Revision Petition is by the accused, who has been convicted under Section 138 of the Negotiable Instruments Act by the trial Court and sentenced to pay L 65,000/- as fine and in default to undergo simple imprisonment for six months and the said judgment being affirmed by the lower appellate Court by dismissing the petitioner's appeal.

(2.) The case of the complainant in short is that, he took the house of the accused on lease from 16,9,1999 and paid L 2,50,000/- towards the lease amount and after vacating the premises on 25,3,2002, the complainant sought for payment of the lease amount. but the accused paid only L 2,05,000/- and the balance of Rs,45,000/- was not paid. In the first week of February, 2004, the accused gave a post dated cheque for L 45,000/- dated 15,2,2004 and the said cheque, on presentation, was returned with the endorsement "insufficient funds". After issuing a notice to the accused a complaint was present before the trial Court under Section 200 of the Criminal Procedure Code.

(3.) After appearance of the parties before him, the learned trial Judge recorded the evidence of the complainant P.W.1 Thipperangaiah and nine documents were marked as Exs.P-1 to P-9 and accused Sabastian was examined as D.W. 1 and he produced the lease agreement Ex.D-1. The trial Court accepted the case of the complainant and convicted the petitioner herein solely on the basis of the document Ex. P-8. The lower appellate Court did not disturb the trial Court's findings.