P ABUBAKKER Vs. MOHAN WADIYAR

JUDGEMENT

(1.) THE appellant being the complainant before the Principal Civil Judge (Jr. Dvn.) and J.M.F.C., Hospet in C.C. No.822/2005 lodged a complaint against the respondent herein by name Mohan Wadiyar (hereinafter referred to as the accused) under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act on the allegations that, the accused had issued a cheque on 20.02.1999 for discharge of his legally recoverable debt for a sum of Rs.2,00,000/ -. On presentation of the said cheque the same was returned with an endorsement "insufficient funds". After issuance of legal notice under Registered Post and Certificate of Posting and after providing 15 days grace time to comply the notice, within the statutory time, a complaint came to be lodged by the complainant.

(2.) THE accused in fact, appeared voluntarily before the trial Court, by getting the NBW issued against him recalled and contested the proceedings on several grounds. One of the grounds taken by the accused was that, as per Section 138 (b) of the N.I. Act, it is mandatory on the part of the complainant to serve the legal notice on the accused calling upon him to make the payment within 15 days from the date of the notice. But in this particular case, no notice was served upon him. Therefore, the complaint itself was not maintainable. The accused has also taken up other contention but presently it is not necessary for me to consider those contentions taken up by the accused. On considering the entire case of the complainant and the accused, the Trial Court on appreciating the oral and documentary evidence on record convicted the accused for the offence punishable under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.4.00 lakhs for the said offence and in default of payment of fine the accused shall undergo simple imprisonment for six months. The Trial Court also awarded a sum of Rs.3,95,000/ - towards compensation to be payable to the complainant.

(3.) BEING aggrieved by the said judgment of conviction and sentence passed by the Trial Court, the accused has approached the Sessions Court by way of an appeal in Crl. A. No. 144/2007. After appearance before the Sessions Court, the complainant contested the said criminal appeal.