UMESH B C Vs. N BOJARAJU

JUDGEMENT

(1.) The petitioner has challenged the judgment of conviction dtd. 12/3/2015 passed by the XXI Addl. Chief Metropolitan Magistrate, Bengaluru, (henceforth referred to as 'Trial Court' for short) in C.C.No.8700/2013 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and consequent sentence to pay fine of Rs.8,10,000.00. The petitioner has also called in question the judgment dtd. 4/12/2015 passed by the LIX Addl. City Civil and Sessions Judge, Bengaluru (henceforth referred to as 'Appellate Court' for short) in Crl.A.No.595/2015 by which, the judgment of conviction passed by the Trial Court was upheld.

(2.) The parties shall henceforth be referred to as they were arraigned before the Trial Court. The petitioner was the accused and the respondent was the complainant.

(3.) The records disclose that the complainant and the accused were known to each other and out of such acquaintance, the accused requested the complainant for a hand loan of Rs.8,00,000.00 on 15/7/2012. The complainant sensing the request of the accused to be just, agreed to pay and accordingly, paid a sum of Rs.8,00,000.00 on 18/7/2012. The accused had executed an on demand promissory note and consideration receipt in favour of the complainant and passed on a post dated cheque bearing No.120349 dtd. 18/10/2012 for a sum of Rs.8,00,000.00 drawn on Corporation Bank, Bengaluru. The said cheque was presented as instructed by the accused. However, it was dishonoured due to insufficient funds on 5/11/2012. The complainant approached the accused and demanded the payment. However, the accused did not pay the amount, which compelled the complainant to cause a notice of demand on 15/11/2012. The notice was served on 17/11/2012, but the accused did not reply nor repay the amount payable under the cheque. The complainant therefore, initiated steps to prosecute the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act.