(1.) THE conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act' for short) confirmed in an appeal by the First Appellate Court is challenged in this revision.
(2.) THE petitioner who is the accused before the Trial Court had entered into an agreement of sale with the respondent -complainant on 18.01.2007. As contended, the petitioner had received the sum of Rs. 5,00,000/ - through cheques towards advance sale consideration and as the agreement was cancelled, the petitioner issued the cheque (Ex. P1) to refund the advance amount of Rs. 5,00,000/ -. The said cheque was presented for encashment, it returned with an endorsement as insufficient funds. A notice was issued and as there was no compliance by the petitioner, a complaint came to be filed in the Trial Court for the offence punishable under Section 138 of NI Act.
(3.) LEARNED Counsel for the petitioner would submit that only a sum of Rs. 1,00,000/ - was received under the agreement (Ex. P7) and as the respondent had agreed to give the site, a cheque for Rs. 5,00,000/ - was given by him. Therefore, he submits that when the amount of Rs. 5,00,000/ - was not due and only a sum of Rs. 1,00,000/ - was due, the question of paying Rs. 5,00,000/ - to the respondent does not arise. Therefore, he submits that the conviction ordered by the Trial Court is both erroneous and illegal.