MARIBASAPPA Vs. P. BALARAJU

JUDGEMENT

(1.) The petitioner has called in question the judgment of conviction and sentence dtd. 2/2/2012 passed by the Civil Judge and JMFC, Devanahalli (henceforth referred to as 'Trial Court' for short) in C.C.No.735/2009 for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (henceforth referred to as ' N.I. Act ' for short), which was upheld by the Fast Track Court, Devanahalli (henceforth referred to as 'Appellate Court' for short) in Crl.A.No.19/2012.

(2.) The petitioner was the accused in C.C.No.735/2009 before the Trial Court.

(3.) The short facts that compelled the respondent herein (since deceased) to file a private complaint under Sec. 200 of Cr.P.C. before the Trial Court are that the respondent and the petitioner were known to each other and that at the request of the petitioner, the respondent advanced a hand loan of Rs.2,00,000.00 and that towards repayment of the said amount, the petitioner had passed on a cheque. The said cheque was dishonoured due to insufficient funds, which prompted the respondent to issue a notice of demand. In response to the notice, the petitioner herein contended that the respondent was conducting two chits for Rs.1,25,000.00 each and that the petitioner was one of the subscribers to the said chits. He claimed that he had drawn the chits and had passed on a cheque in question to the respondent towards security for repayment of the chit installments. He also contended that the respondent failed to pay the chit amount and later misused the cheque in question to launch a criminal prosecution. Therefore, the respondent initiated prosecution for the offence punishable under Sec. 138 of N.I. Act after issuing a notice.