WEST WOOD INTERIORS Vs. GAYATHRI TIMBERS

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 18.12.2012 passed in Criminal Appeal No.113/2012 by the Presiding Officer of the Fast Track Court, Bangalore City (FTC - VI), dismissing the said appeal preferred by the petitioner and confirming the judgment and order of conviction and sentence dated 24.01.2012 passed by the XII Addl. C.M.M., Bangalore City, in C.C.No.14324/2007.

(2.) FOR the sake of convenience, the parties in this revision petition would be referred to by their rankings as they are arrayed before the trial Court.

(3.) IT is the case of the complainant that he is dealing in timber business and its accessories. The accused used to purchase timber materials from him and having running account in respect of business transaction with him. The accused had purchased timber materials worth Rs.27,75,341/ - during the period from 03.04.2006 to 09.09.2006 on different dates. The accused had issued a cheque bearing No.656135 dated 15.01.2007 for a sum of Rs.15,00,000/ - towards part payment in respect of the aforesaid transaction. The cheque was drawn on Bank of India, Malleshwaram Branch, Bangalore. The complainant presented the said cheque through his banker namely, State Bank of Sourashtra, Gokul Extension, Bangalore. The said cheque was returned with an endorsement as 'Funds insufficient' on 18.04.2007. The complainant informed the same to the accused, but the accused did not respond or take steps to pay the amount covered under the cheque. Therefore, he got issued a legal notice dated 27.04.2007 to the accused through RPAD and also under certificate of posting. The same was served, but the accused failed to repay the amount covered under the cheque. Thereafter, the complainant after following the due procedure filed complaint against the accused alleging that he has committed the offence punishable under Section 138 of the N.I.Act.