R. KANTHARAJA Vs. P. NAGARAJA

JUDGEMENT

(1.) The petitioner has challenged the concurrent judgment of conviction and sentencing the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ' NI Act, 1881' for short) and to pay a fine of Rs.4,55,000.00.

(2.) The facts as stated in brief are that the respondent and the petitioner were known to each other and that, on the request of the petitioner, the respondent had advanced a loan of Rs.4,50,000.00. The petitioner had passed on a cheque dtd. 20/7/2015 towards the repayment of the said loan. However, the cheque on presentation was dishonoured as the petitioner had stopped the payment of the cheque on 8/9/2015. The respondent caused a notice of demand, which was not complied by the petitioner, which compelled the respondent to initiate proceedings for prosecution of the petitioner under Sec. 138 of NI Act, 1881. The sworn statement of the petitioner was recorded and the case was registered as C.C.No.1075/2015. The petitioner pleaded not guilty and prayed that he be tried. The respondent was examined as PW.1 and marked Ex.P1 to P5. Later, the statement of the petitioner was recorded under Sec. 313 of Cr.P.C. However, the petitioner did not enter the witness box and did not produce any material documents. Based on the oral and documentary evidence, the trial Court held that the cheque in question was issued by the petitioner towards discharge of a lawful debt and that the petitioner had committed an offence punishable under Sec. 138 of NI Act, 1881 in view of the dishonour of the cheque. The trial Court therefore convicted the petitioner for the offence punishable under Sec. 138 of NI Act and sentenced him to pay a fine of Rs.4,55,000.00, of which, Rs.4,50,000.00 was ordered to be paid as compensation to the respondent. Being aggrieved by the same, the petitioner filed Crl.A.No.64/2018, which too was dismissed.

(3.) Being aggrieved by the same, the present petition is filed.