G.P. RAMAMURTHY Vs. M.R. SHANMUKAPPA

JUDGEMENT

(1.) The petitioner has called in question the regularity of procedure and legality of the Judgment of conviction dtd. 14/2/2018 passed by the Principal Civil Judge and JMFC., Holalkere, (for short, 'the Trial Court') in C.C. No.128/2012 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, (for short, 'the N.I. Act ') as well as the consequent sentence directing the petitioner to pay a sum of Rs.2,05,000.00 as fine failing which he was directed to undergo simple imprisonment for a period of three months. The petitioner has also called in question the correctness of the Judgment passed by the I Additional District and Sessions Judge, Chitradurga, (for short, 'the Appellate Court') in Crl.A. No.15/2018.

(2.) The respondent claimed that the petitioner had availed hand loan of Rs.2,00,000.00 from him and thereafter, had passed on a cheque bearing No.282240 dtd. 23/9/2011 drawn on Karnataka Bank, Harihara branch (henceforth referred to as 'the cheque in question') for a sum of Rs.2,00,000.00. However, when the said cheque was presented for encashment on 23/9/2011, it was dishonoured due to insufficient funds as per the endorsement of the Bank dtd. 20/10/2011. The respondent issued a notice of demand, however, the notice was not claimed by the petitioner. The respondent therefore, initiated prosecution against the petitioner for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The petitioner appeared pursuant to process served on him and pleaded not guilty and claimed to be tried. The respondent was examined as PW.1 and he marked documents Exs.P1 to P9. The petitioner confronted Ex.D1 during the course of cross-examination of PW.1 and he closed his side. The statement of the petitioner was recorded under Sec. 313 of the Code of Criminal Procedure, 1973. The petitioner was thereafter examined as DW.1 and he marked a document as Ex.D2.