ABDUL SALAM Vs. IMTHIAZ

JUDGEMENT

(1.) The petitioner has challenged the Judgment of conviction dtd. 9/5/2011 passed by Judicial Magistrate First Class (IV Court), Mangalore, Dakshina Kannada, (for short, 'the Trial Court') in C.C. No.1348/2008 convicting the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act ') and the consequent sentence directing the petitioner to pay fine of Rs.82,000.00 and in default of payment of fine to undergo simple imprisonment for a period of four months. The petitioner is also aggrieved by the Judgment dtd. 5/3/2014 passed by the II Additional District and Sessions Judge, Dakshina Kannada, Mangalore, (for short, 'the Appellate Court') in Crl. Appeal No.98/2011 by which the Judgment of conviction and order of sentence passed by the Trial Court was upheld.

(2.) The Private complaint lodged by the respondent discloses that he had advanced a loan of Rs.76,000.00 to the petitioner and that the petitioner had drawn a cheque bearing No.613305 dtd. 23/10/2005 for the said sum of Rs.76,000.00 (henceforth referred to as 'the cheque in question') from his account maintained at Karnataka Bank Limited, Dongerkery, Mangaluru. He claimed that when the said cheque was presented for encashment on 26/10/2005, it was dishonoured as the payment of the cheque was stopped by the petitioner. The respondent caused a notice of demand to the petitioner on 29/10/2005 which returned unserved. However, an intimation of the registered post was delivered to the petitioner. The petitioner neither paid the said amount nor replied to the notice and therefore, committed an offence punishable under Sec. 138 of the N.I. Act. Hence, the respondent launched prosecution against the petitioner for the offence punishable under Sec. 138 of the N.I. Act.

(3.) The petitioner who was served with the process, pleaded not guilty and claimed to be tried.