DEVINDRAPPA Vs. SHABABULALA KUMAJI

JUDGEMENT

(1.) THIS case is arising out of the order passed by the Sessions Judge, Yadgir in Crl. Appeal No. 9/2010 on the complaint filed under Section 138 r/w. Sec. 143 of the Negotiable Instruments Act. The JMFC, Shahapur holding that there is dishonour of cheque, has directed the petitioner/accused to pay compensation of Rs. 2,00,000/ - and in default of payment of fine, to undergo simple imprisonment for one year and also imposed fine of Rs. 3,000/ -.

(2.) THE allegation against the petitioner is that he had borrowed money from the complainant towards purchase of the tractor. The complainant is one of the partner of the firm by name M/s. Sha Babulal Khumaji and Partners. However, according to the petitioner/accused, he has borrowed loan from the bank and remitted the amount to the partnership firm. There is no due of the amount to the partnership firm. The partnership firm is a vendor of tractors and they in turn, misused the cheque and presented the same to the bank. The petitioner/accused was not due of any amount, debt was cleared and the cheque which was given as security, was misused without verifying the same.

(3.) HEARD the learned counsel for the respondent.