H.R.SHESHADRI Vs. U.V.NATARAJ

JUDGEMENT

(1.) Being, aggrieved by the conviction and sentence imposed by the trial Court for the offence punishable under Sec. 138 of N.I Act, which came to be confirmed by the Sessions Court, the accused is before this Court in a petition under Sec. 397 r/w 401 Cr.P.C.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) Complainant filed a complaint against accused alleging that he and accused are known to each other since many years through the brother-in-law of complainant by name M Shivaswamy. Due to this acquaintance, during the month of January 2013, accused requested the complainant for hand loan of Rs.4,15,000.00 to meet his financial difficulty. He promised to repay the same within three months. On 20/1/2013, complainant paid a sum of Rs.4,15,000.00 to the accused in the house of M.Shivaswamy at Hassan. Accused issued the subject cheque dtd. 30/4/2013 with an assurance to collect the same from his Bank. However, on 30/4/2013, when complainant presented the cheque for realisation, it was dishonoured with an endorsement "Payment stopped". In this regard, complainant got issued legal notice to the accused. It is duly served on him. Instead of making payment, the accused has sent an evasive reply. Without any alternative, the complaint is filed.