K.H. RAMESH Vs. SRI SYED IBRAHIM

JUDGEMENT

(1.) THIS appeal is against the judgment and order acquitting the respondent for the charge under Section 138 of Negotiable Instruments Act (hereinafter called as 'NI Act' for short). The appellant had advanced a sum of Rs. 10,00,000/ - to the respondent and towards part payment of the said dues, the respondent issued a cheque dated 01.08.2007 for a sum of Rs. 5,00,000/ - and the said cheque when presented for encashment, returned with an endorsement as insufficient funds. Notice was issued by the appellant, there was no reply, hence, the appellant approached the Trial Court with a complaint under Section 200 Cr.P.C. to initiate action for the offence under Section 138 of NI Act. During the trial, the complainant was examined as PW1 and documents Exs. P1 to P14 were marked. The respondent was examined as DW1 and Exs. D1 and D2 were marked. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, acquitted the respondent for the said charge. Aggrieved by the acquittal, the present appeal is filed.

(2.) BOTH the counsel have filed a joint memo requesting this Court to allow the appeal by convicting the respondent for the charge under Section 138 of NI Act on a condition that the respondent shall pay a sum of Rs. 5,00,000/ - i.e., cheque amount and a sum of Rs. 1,01,000/ - as fine amount within four months from the date of disposal of this appeal. Taking into consideration the joint memo filed, the appeal is allowed in part. The respondent is convicted for the charge under Section 138 of NI Act and he is ordered to pay a sum of Rs. 6,01,000/ -, the fine within four months from the date of this order, in default to undergo simple imprisonment for 6 months. On deposit of the fine amount, a sum of Rs. 6,00,000/ - shall be paid to the appellant i.e., complainant and the remaining sum of Rs. 1,000/ - shall be credited to the State.