V. THIMMEGOWDA Vs. SHASHI BHUSHAN AGARWAL

JUDGEMENT

(1.) The petitioner purchased goods from the respondent on 6.11.2004, 9.11.2004 and 11.11.2004 (Exs.P1 to P3), obtained delivery (Ex.P4 to P6) and issued the three cheques bearing Nos. 690206 dated 10.11.2004 for Rs. 2,91,840/-, 690208 dated 13.11.2004 for Rs. 2,46,270/- and 690209 dated 16.11.2004 for Rs. 2,16,215/-, drawn on ICICI Bank Ltd., Jayanagar Branch, Bangalore 11(Ex.P7 to P9), towards the payment of the said bills. When the said cheques were presented to the banker, the same was returned on 27.12.2004, with endorsements 'stopped payment' (Ex.P10 and P12). The said cheques were again presented to the banker and were returned on 26.11.2004 with endorsement 'stopped payment' (Exs.P13 to P15). The debit advice, dated 27.11.2004 is Ex.P16. The respondent served a notice upon the petitioner on 13.1.2005 (Ex.P17) and called upon him to pay the said cheque amount. The petitioner replied to the said notice on 25.1.2005 (Ex.P19), wherein, it was stated that the quality and quantity of the goods supplied was not as per the agreed terms and conditions and hence, he refused to receive the same and instructed his banker to 'stop the payment'.

(2.) On the basis of the said bounced cheques, the respondent filed a complaint in C.C.No.19988/2005 before the 12th Additional Chief Metropolitan Magistrate Court, Bangalore. The learned Magistrate, after trial, convicted the petitioner for the offence under S.138 of the Negotiable Instruments Act, 1881 ('the Act' for short) and sentenced him to pay fine amount of Rs. 15,00,000/, in default, to undergo simple imprisonment for 6 months. The complainant was held entitled to receive, out of the said fine amount, by way of compensation, Rs. 7,54,325/-.

(3.) On appeal, in Crl.A.No.1552/2006, the learned Presiding Officer, Fast Track (Sessions) Judge-V, Bangalore City, confirmed the conviction. However, the sentence imposed was modified and the accused was sentenced to pay fine amount of Rs. 9,50,000/-, in default, to undergo simple imprisonment for 6 months. Feeling aggrieved, the accused has filed this Criminal Revision Petition.