MADHAVI LATHA Vs. PRUTHVIRAJ PANDE

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.40638/2018, in the Court of the learned XIV Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as the "trial Court"). By its judgment dtd. 10/3/2011, the trial Court convicted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act') and was sentenced accordingly.

(2.) The summary of the case of the complainant in the trial Court was that the accused who was running a Beauty Parlour under the name and style of M/s.Fascinations Beauty Parlour, had availed a financial help of '3 lakhs from the complainant on 5/1/2007, promising to repay the loan together with interest at the rate of 18% p.a. After the demand made by the complainant, the accused issued a post-dated cheque bearing No.381881, dtd. 15/9/2008, for a sum of '3,94,500/-, drawn on Corporation Bank, Indiranagar Branch, Bengaluru, in favour of the complainant towards the principle amount and accrued interest thereupon. The said cheque when presented for its realisation by the complainant through his Banker, the same came to be returned unpaid with the Banker's endorsement "funds insufficient" in the account of the accused. Thereafter, the complainant got issued a legal notice to the accused through Registered Post Acknowledgement Due and also under Certificate of Posting demanding the cheque amount. In spite of service of the notice, the accused did not pay the cheque amount, which constrained the complainant to institute a criminal case against the accused in the trial Court for the offence punishable under Sec. 138 of N.I.Act.

(3.) Since the accused pleaded not guilty, charges were framed against the accused for the alleged offences.