KANTHANANDA TRADING CO. COPRA MERCHANTS AND COMMISSION AGENTS BY ITS PROPRIETOR Vs. AGRICULTURAL PRODUCE MARKETING COMMITTEE (APMC) BY ITS SECRETARY

JUDGEMENT

(1.) THERE are concurrent findings of the courts below that petitioner (accused) has committed an offence punishable under Section 138 of the Negotiable Instruments Act. Heard learned counsel for respondent. The learned counsel for petitioner is absent.

(2.) THE complainant (APMC, Huliyur, Chikkanayakana Halli Taluk) represented by its Secretary had initiated a complaint under Section 138 of the Negotiable Instruments Act against the petitioner (accused) for dishonor of two cheques drawn by the petitioner (accused) in favour of respondent for payment of market cess.

(3.) THE trial court on appreciation of evidence has held that this is a far fetched defence. The learned judge of the I -appellate court on reappreciation of evidence has confirmed the findings of the trial court.