K. BABU Vs. RAVI

JUDGEMENT

(1.) The petitioner has challenged judgment of conviction dtd. 24/2/2018 in CC.No.3219/2011 passed by the III Additional Civil Judge and JMFC, Shivamogga and the consequent sentence to pay fine of Rs.5,30,000.00, failing which, he was ordered to undergo simple imprisonment for a period of one year. The petitioner has also assailed the order passed by the III Additional Sessions Judge, Shivamogga in Crl.A.No.24/2018, by which, the judgment of conviction was upheld.

(2.) The short facts as stated by the respondent/complainant are that the petitioner had engaged the services of a JCB equipment owned by the respondent for the purpose of his construction work at Shivamogga. The JCB was used from 26/10/2010 to 19/1/2011. After calculating the work done, the petitioner had passed on two cheques dtd. 22/2/2011 and 20/5/2011 for Rs.2,00,000.00 and Rs.1,60,000.00, respectively. The said cheques when presented for encashment, returned unpaid as the petitioner had not maintained sufficient funds to honour the cheques. Consequently, the respondent issued a notice of demand calling upon the petitioner to pay up the amount covered under the cheques. The petitioner did not reply to the notice and did not comply with the demand. Consequently, the respondent initiated proceedings to prosecute the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ' NI Act , 1881' for short). The process was served on the petitioner and his plea was recorded. The petitioner pleaded not guilty and prayed that he be tried. The respondent was examined as PW.1 and he marked Exs.P1 to P11. The statement of the petitioner was recorded under Sec. 313 of Cr.P.C. and thereafter, the petitioner led defence evidence as DW.1 but did not mark any document.

(3.) Based on the oral and documentary evidence, the trial Court held that the cheques in question were drawn by the petitioner herein towards discharge of a lawful debt to the respondent. It also held that the cheques in question were dishonoured due to insufficient funds, which constituted an offence punishable under Sec. 138 of NI Act and thus, convicted the petitioner for the offence and sentenced him pay fine of a sum of Rs.5,35,000.00 and in default, to undergo simple imprisonment for a period of one year. Being aggrieved by the said judgment, an appeal was preferred before the Sessions Court in Crl.A.No.24/2018, which was also dismissed.