RAJU H.B. Vs. B. SHIVARAJAIAH

JUDGEMENT

(1.) The petitioner has challenged the judgment of conviction dtd. 19/7/2016 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru City (henceforth referred to as 'Trial Court' for short) in C.C.No.6658/2011 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and consequent sentence to pay fine of Rs.2,25,000.00. The petitioner has also called in question the judgment dtd. 11/2/2019 passed by the LXIV Addl. City Civil and Sessions Judge, Bengaluru (CCH - 65) (henceforth referred to as 'Appellate Court' for short), in Crl.A.No.932/2016 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 accused and the complainant were friends and belonged to the same village. The accused is stated to have sought financial assistance from the complainant to meet his family necessities. The complainant paid a sum of Rs.1,85,000.00 to the accused, who promised to repay the same within six months. However, even after six months, the accused failed to pay the money and after pursuing him, he finally handed over the cheque bearing No.580657 dtd. 5/8/2010 for a sum of Rs.1,85,000.00 drawn on the State Bank of India, Bengaluru. The said cheque was dishonoured due to insufficient funds. The complainant caused a notice of demand, which returned unserved, while notice sent through certificate of posting was served upon the accused. However, the accused neither replied to the notice nor paid the amount payable under the cheque in question. Hence, the complainant launched prosecution against the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act.