VIRAT ADVERTISING Vs. OPTIONS ADVERTISING

JUDGEMENT

(1.) This criminal revision petition is filed by the accused under Sec. 397 Cr.PC challenging the judgment and order of conviction and sentence dtd. 4/4/2016 passed by the XV Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.21669/2015 and the judgment and order dtd. 1/8/2016 passed by the LXII Addl. City Civil and Sessions Judge, Bengaluru, in Crl.A.No.495/2016.

(2.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

(3.) Facts leading to filing of this petition narrated briefly are, the respondent had filed a complaint against the petitioners for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') contending that towards payment of rental dues in respect of the hoardings which were leased out to the petitioners by the respondent pursuant to the invoice raised by the respondent as per Ex.P-10, a cheque for a sum of Rs. one lakh was issued to the respondent by the petitioners. It is his case that as per the invoice at Ex.P-10, the petitioners were due to pay a sum of Rs. 4,50,000/- and out of the said amount, an amount of Rs. 2,50,000/- was paid by way of cheque on 15/12/2014 and subsequently, he had received another amount of Rs. one lakh through RTGS, and thereby, totally he had received a sum of Rs. 3,50,000/- from the petitioner and towards the balance amount of Rs. one lakh, the cheque in question was issued by the petitioners. The said cheque on presentation for realization was dishonoured by the drawee bank with a shara 'funds insufficient'. Thereafter, the respondent got issued a legal notice to the petitioners and inspite of service of the said notice, the petitioners had failed to pay the amount demanded under the said notice. It is under these circumstances, the respondent-complainant had approached the Trial Court by filing a private complaint against the petitioners for the offence punishable under Sec. 138 of the Act.