S.A.RAHIM Vs. H.G.PANCHAKSHARAPPA

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.511/2014, in the Court of the learned J.M.F.C.-II, Shivamogga, (hereinafter for brevity referred to as the "trial Court"). By its judgment dtd. 25/6/2015, the trial Court convicted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs. N.I.Act') and was sentenced accordingly.

(2.) The summary of the case of the complainant in the trial Court was that the accused was his friend and at the request of the accused in order to meet his family domestic needs and also for the purpose of paddy and maize business, he gave him a hand loan of a sum of Rs. 3,50,000/- on 10/1/2013. The accused agreed to repay the said amount within two months thereafter. When repayment of the amount was demanded, the accused issued a cheque bearing No.908164, dtd. 14/3/2013, drawn on Corporation Bank, B.H.Road, Shivamogga, for a sum of Rs. 3,50,000/- in favour of the complainant. When the cheque was presented by the complainant through his banker for its realisation, the same came to returned unpaid with the banker's endorsement "funds insufficient". It is thereafter the complainant got issued a legal notice dtd. 12/4/2013 to the accused both under Registered Post Acknowledgement Due and through courier. The notice sent under Registered Post Acknowledgement Due was returned unserved, however, the notice sent through courier was received by the accused. Still the accused did not pay the cheque amount which constrained the complainant to institute a criminal case against the accused in the trial Court in C.C.No.511/2014 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.