K V MUNIYAPPA Vs. B N NAND

JUDGEMENT

(1.) THESE two revision petitions arise out of one and the same case in C.C.No. 10198/2004 inasmuch as the trial court convicted the accused under Section 138 of the N.I.Act and sentenced him to pay Rs.4,55,000/- as fine and in default to undergo S.I. for six months. The accused preferred appeal before the lower appellate court and was successful in part in getting the fine amount reduced by Rs.1,50,000/- and the lower appellate court, however, allowed the complaint in respect of two other cheques out of three cheques which were the subject matter of the case before the trial court. The lower appellate court allowed the claim of the complainant in respect of cheque for Rs.23,000/- (Ex.P-3) and one more cheque for Rs.2,00,000/- (Ex.P-4) and the accused was sentenced to pay in all Rs.3,80,000/- and in default to undergo S.I. for six months.

(2.) THE aforesaid judgment of the lower appellate court has driven both the parties to this court in the aforementioned criminal revision petitions. Crl.R.P.No. 236/2010 is preferred by the accused, whereas the other Crl.R.P.No. 601/2010 is by the complainant.

(3.) I have heard learned counsel Shri K.N.Jagadish for the accused and learned counsel Shri V.Rangaramu for the complainant and perused the records of the case.