JAGANNATH K. Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Criminal Revision Petition is filed challenging the judgment and order of conviction and sentence dtd. 5/4/2013 passed by the J.M.F.C, (V Court), Mangalore, D.K., in C.C.No.1574/2010 and the judgment and order dtd. 21/8/2014 passed by the IV Addl. District and Sessions Judge, D.K, Mangalore in Crl.A.No.147/2013.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent - State.

(3.) The cheque issued by the petitioner for Rs.24,63,688.00 towards arrears of tax and interest to the respondent herein was dishonoured with the Bank endorsement "Funds insufficient" and therefore, the respondent after compliance of statutory requirement had filed private complaint against the petitioner under Sec. 200 of Cr.P.C., for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, the ' N.I. Act '). In the said proceedings, the petitioner was convicted by the Trial Court for the offence punishable under Sec. 138 of N.I. Act and he was sentenced to pay fine of Rs.13,00,000.00 and in default to pay fine, undergo Simple Imprisonment for a period of 1 year. The appeal filed by the petitioner against the said judgment and order of conviction and sentence in Crl.A.No.147/2013 was dismissed by the Appellate Court on 21/8/2014. It is in this factual background, the petitioner is before this Court.