R.S. VENKATARAMAN Vs. VENKATARAMANA CHEMICALS

JUDGEMENT

(1.) The petitioners being aggrieved by the judgment of conviction and sentence dtd. 8/5/2006 passed by the XXI Addl. Chief Metropolitan Magistrate, Bangalore (henceforth referred to as 'Trial Court' for short) in C.C.No.38751/2002, which was confirmed by the Addl. Sessions Judge and the Presiding Officer, Fast Track Court - IV, Bangalore in Crl.A.No.981/2006 have filed this revision petition.

(2.) The respondent herein initiated proceedings for prosecution of the petitioners for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (henceforth referred to as ' N.I. Act ' for short). The respondent contended that it had supplied gherkins to the petitioners and that the petitioners were liable to pay a sum of Rs.3,30,000.00 and that they had passed on a cheque for a sum of Rs.3,30,000.00, which when presented was dishonoured due to insufficient funds. A notice was issued by the respondent to the petitioner No.1 and another Director of petitioner No.2 to pay the cheque amount and thereafter, initiated proceedings under Sec. 138 of N.I. Act.

(3.) The petitioners denied their liability and contended that they were not liable for the amount demanded by the respondent. The Trial Court after appreciating the oral and documentary evidence held that the respondent had proved that the cheque in question was issued towards discharge of a lawful debt and thus convicting the petitioners of an offence punishable under Sec. 138 of N.I. Act and sentenced them to pay fine of Rs.4,00,000.00. An appeal preferred therefrom was also rejected.