NINGEGOWDA Vs. Y.H. HANUMANTHA

JUDGEMENT

(1.) This Criminal Revision Petition is by the accused who was convicted by the Trial Court in respect of the offence punishable under section 138 of the Negotiable Instruments Act. 1881, (for short, hereinafter referred to as 'the Act') and the Appellate Court confirming the Trial Court's verdict by dismissing the petitioner's appeal.

(2.) The case of the respondent-complainant in short is that the petitioner borrowed RS. 3.00 lakh from the complainant on 4,2,2004 and to- wards discharge of the said loan amount, the accused issued a cheque dated 5.4.2004 for the said amount. The said cheque on presentation was returned with 'insufficient funds' endorsement. Legal Notice was issued by the complainant and the accused having failed to respond to the said notice positively, a complaint was presented before the Trial Court.

(3.) After the appearance of the parties, the learned 'Mal Judge took note of the evidence of P.W. 1 Complainant, and the documents-Exs. P-1 to P-6 and also considered the defence document Ex. D-1 and after evidence appreciation, held that the accused has committed the offence punishable under section 138 of the Act. The petitioner was sentenced to six months imprisonment and to pay fine of RS. 5,000.00, in addition to pay RS. 3.00 lakh as compensation to the complainant. Petitioner's appeal was dismissed by the Lower Appellate Court as mentioned earlier.