K G PRABHAKAR Vs. SURESH KUMAR

JUDGEMENT

(1.) RESPONDENT filed complaint against the petitioner under Section 200 of Cr.P.C. for an offence punishable under Section 138 of the Negotiable Instruments Act (for short 'N.I.Act').

(2.) IN brief, the case of the complaint is that, the petitioner-accused borrowed Rs.2.00 lakhs on various dates in installments for the purpose of carrying on his business by agreeing to repay the same in lumpsum within a few days, but failed to repay the debt and on 20.4.2005 issued a post dated cheque dated 3.5.2008 for Rs.2.00 lakhs, that is towards discharge of pre- existing debt. The cheque when presented for encashment was not honoured by the bank and having been returned with an endorsement "exceed arrangements", a demand notice was caused within the time allowed and there being neither payment nor a reply, compliant was lodged. The petitioner�accused appeared and pleaded not guilty and hence trial took place. Complainant deposed as PW1 and marked Exs.P1 to P8. He was not cross-examined and was discharged. Long after the date of discharge, an application having been filed to recall PW1 for cross- examination, application was allowed subject to payment of cost of Rs.250/-. Though, PW1 made himself available for cross- examination, he was not fully cross-examined. The cost imposed for recalling of the PW1 was also not paid. Hence PW1 was discharged. Statement of the accused under Section 313 of Cr.P.C. was recorded and thereafter, finding merit in the complaint, the accused was convicted under Section 255(2) of Cr.P.C. for the offence punishable under Section 138 R/w Section 142 of N.I. Act and was sentenced to pay fine of Rs.20,000/- and in default to undergo simple imprisonment for a period of one year. He was also directed to pay Rs.2.00 lakhs under Section 357 of Cr.P.C. as compensation to the complainant within one month along with cost of Rs.250/- imposed while allowing the application under Section 311 of Cr.P.C.

(3.) THE point for consideration is;