ATHYANARAYANA V. HEGDE Vs. K.V. GANESH RAO

JUDGEMENT

(1.) IN C.C.No.37165/2006, the XVI Additional Chief Metropolitan Magistrate, Bangalore, by a judgment dated 17.7.2008 convicted the petitioner/accused in a case related to dishonour of cheque under S.138 of the Negotiable INstruments Act ("the Act" for short). This finding of conviction when questioned in Crl.A.No.684/2008 by the accused, in the Sessions Court, Bangalore City, by a judgment dated 26.3.2010 was confirmed. The petitioner/accused has been sentenced to pay fine of Rs.3,00,000/- and in default, to undergo simple imprisonment for one year. Out of the fine amount, when realised, Rs.2,85,000/- has been ordered to be paid as compensation to the complainant. This Criminal Revision Petition is directed against the said judgments and orders.

(2.) ACCORDING to the respondent/complainant, the petitioner/accused is known to him for several years and that, on 28.6.2006, accused approached and obtained hand loan of Rs.2,40,000/- and agreed to repay the same within 2 months and towards repayment, issued a cheque bearing No.130380 dated 15.8.2006 for Rs.2,40,000/-, drawn on Canara Bank, Rajajinagar Branch, Bangalore. The said cheque when presented for encashment on 16.9.2006 was dishonoured for the reason 'funds insufficient', on 17.9.2006. A demand notice dated 29.9.2006 was sent to the accused by RPAD and also under Certificate of Posting. Notice sent by Certificate of Posting was delivered to the accused and the notice sent by RPAD was returned with shara "not claimed" on

(3.) PERUSED the record. In view of the rival contentions, the points for consideration are: