H.L. NARAYANA Vs. LAKSHMIDEVAMMA

JUDGEMENT

(1.) The petitioner has challenged the concurrent judgment of conviction of the petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act 1881 and the order sentencing him to pay a fine of Rs.1,00,000.00 failing which he was directed to undergo simple imprisonment for a period of six months.

(2.) The respondent claimed that the petitioner had availed hand loan of Rs.75,000.00 and had handed over a post dated cheque for Rs.75,000.00 on 18/10/2012. He claimed that the said cheque was dishonoured due to insufficient funds and he issued a notice of demand which was served on the petitioner. However, he failed to reply or repay the amount which compelled him to initiate prosecution of the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act. The petitioner pleaded not guilty and prayed that he be tried. The respondent was examined as PW-1 and she marked Ex.P1 to Ex.P6. The statement of the petitioner under Sec. 313 of CR.PC was recorded. He thereafter led his defence evidence as DW-1 and marked Ex.D1 and Ex.D2. Based on oral and documentary evidence, the trial Court held that the petitioner had issued the cheque in question for the discharge of a lawful debt and therefore held that the petitioner had committed an offence punishable under Sec. 138 of the Negotiable Instruments Act 1881. In view of the dishonour of the cheque due to insufficient funds, if convicted the petitioner for the said offence and sentenced him to pay fine of Rs.1,00,000.00.

(3.) Being aggrieved by the same, the petitioner filed an appeal before the sessions court which was dismissed, following which the present petition is filed.