PUTTASWAMY Vs. N KRISHNAIAH

JUDGEMENT

(1.) THIS Criminal Revision Petition is preferred under Section 397 r/w Section 401 of Cr.P.C challenging the judgment dated 30.01.2012 in C.C.No.255/2007 on the file of the Additional Civil Judge, Junior Division and JMFC at Srirangapatna, whereby the revision petitioner/accused has been convicted for the offence punishable under Section 138 of N.I. Act and has been sentenced to pay a fine of Rs.1,65,000/ - and in default, to undergo Simple Imprisonment for a period of six months, which has been confirmed by the Fast Track Court at Srirangapatna in Criminal Appeal No.22/2012 by judgment dated 06.08.2012.

(2.) THE revision petitioner was the accused before the Magistrate and the respondent was the complainant. The complainant and accused were known to each other. The accused borrowed a sum of Rs.1,50,000/ - from the complainant in the month of February 2007 and towards repayment of the same, the accused issued a post dated cheque for Rs.1,50,000/ - drawn on Indian Overseas Bank, Main Bracnh, Mysore. On presentation of the cheque, it came to be dishonoured with an endorsement "Account Closed". The accused was made aware of the dishonour of the cheque by issuance of a legal notice and he was called upon to pay the cheque amount within a stipulated period of time both by RPAD and Under Certificate of Posting. But inspite of service of notice, the accused neither paid the amount nor gave reply to the notice. So, a complaint came to be filed against the accused for the offence punishable under Section 138 of N.I. Act.

(3.) THE accused having pleaded not guilty, the complainant in order to establish the charge levelled against the accused examined himself as PW -1 and examined one Ramesha as PW -2 apart from marking Exs.P1 to P8. The accused, on the other hand, got himself examined as DW -1 and relied upon Exs.D1 to D5. The learned Magistrate upon hearing both the learned counsel appearing for the accused and the complainant and upon consideration of the entire material placed on record, by his judgment dated 30.01.2012 convicted the accused for the offence punishable under Section 138 of N.I. Act and sentenced him to pay a fine of Rs.1,65,000/ -. Criminal Appeal No.22/2012 filed by the accused against his conviction and sentence came to be dismissed by judgment dated 06.08.2012.