H.M. SHYLESH KUMAR Vs. M. RENUKAPPA

JUDGEMENT

(1.) The petitioner has challenged the Judgment of conviction and the consequent order of sentence passed by the Senior Civil Judge and JMFC., Turuvekere, (for short, 'the Trial Court') dtd. 31/12/2016 in Criminal Case No.12/2016. The petitioner has also challenged the Judgment passed by the Court of V Additional District and Sessions Judge, Tiptur, (for short, 'the Appellate Court') dtd. 14/9/2018 in Criminal Appeal No.10004/2017 by which the Judgment of the Trial Court was upheld.

(2.) The private complaint lodged by the respondent herein before the Trial Court discloses that the petitioner herein had borrowed a loan of Rs.40,000.00 on 20/8/2013 and a sum of Rs.55,000.00 on 12/10/2013 through two separate cheques drawn on State Bank of Mysore, Turuvekere branch for the purpose of purchasing an autorickshaw. Later, he returned the hand loan by issuing a cheque bearing No.161350 dtd. 17/6/2014 (henceforth referred to as 'the cheque in question') drawn on Vijaya Bank, Turuvekere, for a sum of Rs.95,000.00. However, when the cheque was presented for encashment on 17/6/2014, it was returned unpaid on 19/6/2014 with the endorsement "Drawer's Signature differs from specimen signature", "insufficient Funds" and "Account inactive". The respondent therefore caused a notice of demand on 28/6/2014 to the petitioner, which was duly served. However, the petitioner neither replied to the notice nor paid up the amount demanded in the notice. This prompted the respondent to initiate prosecution against the petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act '). The sworn statement of the respondent was recorded and C.C. No.556/2014, (later re- numbered as C.C. No.12/2016) was registered and process was issued to the petitioner.

(3.) The petitioner appeared before the Trial Court and pleaded not guilty and claimed to be tried.