ANANDAPPA T.R. Vs. SRI. DHANANJAYA D.C.

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed challenging the Judgment of Conviction and order of sentence passed by the learned XVIII ACMM and XX ASCJ, Bangalore City in C.C. No. 10823/2004 and which was confirmed by the Fast Track (Sessions) Judge -V, Bangalore City in Crl. Appeal No. 564/2007 dated 19th September 2009, whereby the Revision Petitioner was convicted for the offence under Section 138 of N.I. Act and sentenced to pay a sum of Rs. 90,000/ -. In default of payment of fine, to undergo simple imprisonment for six months. Out of the fine amount, a sum of Rs. 85,000/ - will be awarded as compensation under Section 357(3) of Cr.P.C. to the complainant and Rs. 5,000/ - shall be appropriated towards expenses of the State Government. Aggrieved by the aforesaid conviction and sentence, the Revision Petitioner has filed this petition. For the sake of convenience, the parties are referred to as they are arrayed before the Trial Court.

(2.) THE relevant facts leading to filing of this revision petition are as under: The accused borrowed a sum of Rs. 60,000/ - from the complainant during the first week of January 2004 and agreed to repay the same on or before March 2004 within two months. Subsequently, the accused has issued a Cheque bearing No. 846975 dated 01.03.2004 for a sum of Rs. 60,000/ - drawn on Corporation Bank. The complainant presented the same for encashment, but the said cheque was returned with a shara as "Insufficient funds". Thereafter, the complainant has issued legal notice to the accused as required under the provisions of Sec. 138 of N.I. Act. The notice was returned unserved with an endorsement 'not claimed'. The notice sent under certificate of posting is served on the accused. In spite of which, the accused did not pay the cheque amount and therefore, the complainant lodged the complaint before the Trial Court by invoking the provision of Section 138 of N.I. Act.

(3.) CONSIDERING the oral and documentary evidence of both the parties, the Trial Court found the guilt of the accused under Section 138 of N.I. Act and passed the above order of conviction and sentence.