H.S. SURESH Vs. S. PANCHAKSHARI

JUDGEMENT

(1.) The petitioner has challenged in this revision petition, the confirmation of his conviction for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "the N.I. Act ").

(2.) The respondent in this revision petition is the complainant in C.C.No.378/2009 filed in the Court of the learned Civil Judge and J.M.F.C, Turuvekere (hereinafter for brevity referred to as "the Trial Court") against the present petitioner (accused) alleging the offence punishable under Sec. 138 of the N.I. Act.

(3.) The summary of the case of the complainant in the Trial Court was that on 6/6/2008, accused has borrowed a sum of Rs.50,000.00 from him for the purpose of purchase of Maruti Omni Van and had agreed to return the said amount within six months. When the complainant demanded the accused for the return of the loan amount, the accused issued him a cheque bearing No.338349 dtd. 3/1/2009, drawn on State Bank of Mysore, Turuvekere branch, for a sum of Rs.50,000.00 in favour of the complainant. On the same day, complainant presented the cheque for its realization, however, it returned unpaid with the banker's endorsement of ""funds insufficient" in the account of the drawer. The complainant thereafter got issued a legal notice to the accused demanding the payment of the cheque amount. Since the accused failed to make payment of the cheque amount, the complainant was constrained to file a criminal case against him in C.C.No.378/2009 in the Court of the Civil Judge and JMFC, Turuvekere for the offence punishable under Sec. 138 of the N.I.Act.