KER SINGH DEWAL Vs. P. SRIKANTHA

JUDGEMENT

(1.) The complainant in CC No.948 of 2007 on the file of the learned Principal-I Civil Judge and JMFC at Mysuru (hereinafter referred to as 'the Trial Court' for short), is impugning the judgment dtd. 28/3/2012 passed in Criminal Appeal No. 86 of 2011 on the file of the learned I Additional Sessions Judge, Mysuru, acquitting the respondent-accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the NI Act'), by allowing the appeal and setting aside the impugned judgment of conviction and order of sentence dtd. 7/6/2011 passed by the Trial Court, convicting him for the offence punishable under Sec. 138 of NI Act and sentenced him to undergo simple imprisonment for 30 days and also to pay fine of Rs.1,30,000.00 and in default to pay fine, to undergo simple imprisonment for one month.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, the complainant filed the private complaint against the accused in PCR No.1100 of 2006 alleging commission of offence punishable under Sec. 138 of NI Act. It is contended by the complainant that both the accused and the complainant were known to each other since few years and the accused had approached the complainant during May, 2006 requesting for hand loan of Rs.1,00,000.00 to meet his business and legal necessities. Accordingly, the complainant had lent an amount of Rs.1,00,000.00. The accused had issued the post dated cheque bearing No.003147 for Rs.1,00,000.00 dtd. 12/8/2006 in favor of the complainant. When the cheque was presented for encashment, the same was dishonored as account closed. Legal notice was issued by the complainant and the same was served on the accused. The accused has neither paid the cheque amount nor replied to the legal notice and thereby, committed the offence punishable under Sec. 138 of NI Act. Accordingly, he requested the Trial Court to take cognizance of the offence and to initiate legal action.