MAMTHA TEXTILES Vs. BABULALJAIN

JUDGEMENT

(1.) This revision petition is filed by the accused in C.C. No. 8523/2009 on the file of the XV Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) The respondent initiated proceeding under Sec. 138 of the Negotiable Instruments Act ('N.I. Act' for short) against the petitioner as the cheque issued by him for Rs.1,15,000.00 dtd. 18/10/2008 was dishonoured for want of sufficient funds in the bank account of the petitioner. The respondent issued a legal notice on 12/2/2009 by registered post with acknowledgement due and certificate of posting, demanding repayment of the cheque amount. Since the petitioner did not comply with the demand, he initiated action.

(3.) The trial Court after appreciating the evidence both oral and documentary, found the petitioner guilty of the offence under Sec. 138 of N.I. Act, sentenced him to pay fine of Rs.1,25,000.00 with default sentence of six months imprisonment. The trial Court ordered to pay a sum of Rs.1,20,000.00 to the respondent by way of compensation out of the fine amount. Aggrieved by the judgment of conviction, the petitioner preferred an appeal before the Sessions Court and the appellate Court by its judgment dtd. 15/3/2016 dismissed the appeal and hence this revision petition.