LAWS(KAR)-2012-9-45

VEERENDRA KATHURIA Vs. BALI MEADOWS DEVELOPERS PRIVATE LIMITED

Decided On September 06, 2012
VEERENDRA KATHURIA Appellant
V/S
BALI MEADOWS DEVELOPERS PRIVATE LIMITED Respondents

JUDGEMENT

(1.) PETITIONER faced trial for an offence under S.138 of the Negotiable Instruments Act ("the Act" for short) and having been found guilty in C.C.No.648/2008 on the file of 13th the Additional Chief Metropolitan Magistrate, Bangalore, was convicted on 23.5.2011 and was sentenced to pay fine of Rs.1,60,10,000/-. Out of the fine amount, Rs.1,60,00,000/- was ordered to be paid to the complainant as compensation, as provided under S.357 of Cr.P.C. Crl.A.No.481/2011 filed in the Sessions Court, Bangalore City, having been found to be devoid of merit was dismissed on 23.1.2012. This petition is directed against the said judgments/orders.

(2.) INDISPUTABLY, in the suit filed for recovery of money, cheques in question were issued. The cheques having bounced, complaint under S.200 Cr.P.C. alleging commission of offence under S.138 of the Act was filed, which was registered in C.C.No.648/2008 on the file of the Additional Chief Metropolitan Magistrate, Bangalore, wherein the conviction and sentence, noticed supra, was ordered.