KRISHNA NAIKA K. Vs. T.B.BASAVARAJ

JUDGEMENT

(1.) Being aggrieved by his conviction and sentence for the offence punishable under Sec. 138 of N.I. Act, imposed by the trial Court, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him, accused has filed this petition under Sec. 397 of Cr.P.C.

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

(3.) Complainant filed the complaint against accused alleging that he and accused are known to each other since 6-7 years. Accused borrowed a sum of Rs.3,50,000.00 from the complainant for his necessity with a promise to repay the same within six months. On the same day he issued a post dtd. 2/12/2014 cheque for Rs.3,50,000.00 with an assurance of prompt payment. On 9/2/2015, when complainant presented the cheque for realization, it was dishonoured on the ground "Funds insufficient". Though complainant brought this fact to the notice of accused, he did not care to pay the amount. Therefore, complainant issued legal notice dtd. 2/3/2015. However, accused has not claimed it. Therefore again complainant issued one more notice by correcting his address. When acknowledgement for having served the notice or at least unserved postal envelope is not returned, the complainant has written letter to the postmaster and he has sent reply stating that the notice is duly served. Despite the same, the accused has neither paid the amount due under the cheque nor sent any reply. Hence, the complaint.