K. GURUPRASAD KAROHATIKAR Vs. CHINNASWAMY

JUDGEMENT

(1.) The present revision petition has been filed by the accused who was convicted by the Court of the Civil Judge and J.M.F.C. at Pandavapura, (hereinafter for brevity referred to as the "Trial Court") by its order dtd. 14/8/2015, in C.C.No.292/2010 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the "N.I. Act") and was sentenced to undergo simple imprisonment for a term of six months and also to pay the fine twice the cheque amount of Rs. l,50,000/- and in default of payment of fine amount, to undergo simple imprisonment for a period of three months. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.5019/2015 in the Court of the III Additional District and Sessions Judge, Mandya (sitting at Srirangapattana) (hereinafter for brevity referred to as the "Sessions Judge's Court"), which by its impugned judgment dtd. 25/6/2016 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court. Aggrieved by the impugned judgments and order on sentence, the accused has preferred the present revision petition.

(2.) The summary of the case of the complainant in the Trial Court in C.C.No.292/2010 is that, the accused who is the petitioner herein, who had availed loan of a sum of Rs. l,50,000/-from him on 10/12/2009, had issued the cheque in question towards the repayment of the loan, which cheque when presented for its realisation, came to be dishonored and returned from the drawee Bank with reason of "funds insufficient". Thereafter, though a demand was made by serving the legal notice upon the accused to pay the cheque amount, still, he did not meet the demand, which constrained the complainant to institute a criminal case against him before the Trial Court for the offence punishable under Sec. 138 of the N.I. Act.

(3.) As observed above, after contest, the Trial Court held the accused guilty of the offence punishable under Sec. 138 of the N.I. Act and sentenced him accordingly. Challenging the said judgment, a criminal appeal in Criminal Appeal No.5019/2015 was filed by the accused, which also came to be dismissed, while confirming the judgment of conviction and order on sentence passed by the Trial Court.