LALE PATEL Vs. SHARANBASAPPA

JUDGEMENT

(1.) The material facts of the prosecution case disclose that the respondent has given hand-loan of Rs. 53,000/- to the petitioner and the he has issued a post dated cheque as a security. The said cheque was dishonoured on the ground of insufficient of funds. The respondent has filed a complaint U/s. 138 of Negotiable Instruments Act.

(2.) The complainant has admitted that the accused-petitioner admits the issuance of cheque however, contends that he has delivered the blank cheque with his signature and other material contents are not filled up. The other material contents have been filled by the respondent which are false and that the cheque was issued as a security there is no debt or loan taken. It is further case that the cheque was delivered in respect of some other transaction.

(3.) The trial Court has found that since the issuance of cheque is admitted and the presumption would arise U/s. 138 of N.I. Act. The petitioner-accused is convicted and sentenced to S.I. for a period of one year and directed to pay compensation of Rs. 75,000/- to the complainant. The appellate Court has confirmed the judgment of the trial Court.