MOHAMMED AZARUDDIN Vs. BHEEMREDDY

JUDGEMENT

(1.) The accused is before this Court under Sec. 397 R/w 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of Principal Civil Judge and JMFC, Shahapur in C.C.No.1139/2019 dtd. 14/12/2020 and the judgment and order passed by the Court of Principal District and Sessions Judge, Yadgiri in Crl.A.No.2/2021 dtd. 9/10/2023.

(2.) Heard the learned counsel appearing for the parties.

(3.) The respondent had initiated proceedings against the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, 'N.I. Act'). It is the case of the respondent that the petitioner was acquainted to him and he had borrowed a sum of Rs.4.00 lakhs for his family necessities and towards repayment of the said amount, he had issued the cheque bearing registration No.005244 dtd. 11/9/2009 in favour of respondent for a sum of Rs.4.00 lakhs drawn on Axis Bank, Shahapur branch. The said cheque was presented for realization and the same was dishonoured by the drawee bank with shara 'insufficient funds'. Thereafter, the respondent got issued a legal notice to the petitioner and in spite of service of summons, the petitioner had neither replied to the said notice nor had he paid amount covered under the cheque. It is under this circumstance, the respondent had approached the jurisdictional court and had initiated proceedings against the petitioner for the offence punishable under Sec. 138 of N.I. Act.