M C HADALAGI Vs. N B MANJUNATHA

JUDGEMENT

(1.) PETITIONER faced trial for the offence under S.138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') and was found guilty by the learned Addl. JMFC at Bhadravathi. Petitioner was convicted for the offence under S.138 and sentenced to undergo S.I. for one year and pay fine of Rs.60,000/-, out of which, when recovered, Rs.50,000/- was ordered to be paid to the complainant as compensation. Criminal appeal filed in the Sessions Court, which was assigned to the FTC, Bhadravathi was dismissed. Challenging the order of conviction and sentence, accused has filed this criminal revision petition.

(2.) SRI Y. Hariprasad, learned advocate appearing for the petitioner, submitted that the petitioner has already deposited Rs.30,000/-, the cheque amount, in the Trial Court. The grievance of the petitioner is only with regard to sentence.

(3.) PETITIONER, in fact, does not dispute the issuance of cheque Ex.P1, its return by the bank and the issuance of demand notice to pay the cheque amount. On account of the non payment of the cheque amount within 15 days of the receipt of the demand notice, complaint was filed within time and hence ingredients of the offence under S.138 of the Act has been made out and hence, the finding of guilt for the offence under S.138 recorded by the learned Magistrate and affirmed by the learned Sessions Judge, do not warrant interference.