S.H.YUVARAJ Vs. K. HEMACHANDRA

JUDGEMENT

(1.) This revision petition is directed against judgment dtd. 30/10/2021 passed in Crl.A. No. 37/2019 by VI Additional District and Sessions Judge at Tumakuru whereunder the judgment of conviction dtd. 20/6/2019 passed in C.C. No. 2551/2017 by the Principal Civil Judge and JMFC I, Tumakuru, convicting petitioner - accused for offence under Sec. 138 of Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the 'N.I. Act') and sentencing him to undergo simple imprisonment for a period of 1 year and to pay fine of Rs.32,00,000.00 has been affirmed.

(2.) Heard learned counsel for petitioner accused and learned counsel for respondent - complainant.

(3.) Case of the respondent - complainant before the trial Court was that respondent - complainant and petitioner - accused were working as electrical contractors for 20 years and had been carrying on contract work within the State of Karnataka. They were working for KEB and its allied corporations, namely, BESCOM, CHESCOM and MESCOM. Petitioner - accused was allotted tender from BESCOM on 7/4/2016 to do some work. Petitioner - accused after getting the contract work from BESCOM, contacted respondent - complainant to carry out the contract work on his behalf by investing money. After negotiations they entered into terms and conditions but written agreement was not entered into between petitioner - accused and respondent - complainant as there was precondition in the agreement entered into between petitioner - accused and BESCOM that petitioner - accused shall not re-entrust the contract work to any third party. Respondent - complainant invested huge money for the project to the tune of more than Rs.3,00,00,000.00 by borrowing from private persons as well as Sneha Sangama Co-operative Bank, Tumakuru. Every month contract amount was paid to petitioner - accused by the department. Petitioner - accused was not regularly making payment to respondent - complainant towards the work completed by him. Petitioner - accused was due in a sum of Rs.1,10,00,000.00. After repeated requests and persistent demand petitioner - accused issued cheuqe in favour of respondent - complainant for Rs.30,00,000.00 bearing No. 916365 dtd. 16/3/2017 drawn on State Bank of India, Davanagere branch. On instructions of petitioner accused, respondent - complainant presented the said cheque for encashment on 21/3/2017 through ECO Bank, Tumakuru. Said cheque was returned with endorsement 'stop payment' and endorsement was issued on 22/3/2017. Respondent - complainant got issued legal notice to petitioner - accused by RPAD dtd. 27/3/2017 calling upon him to pay the amount covered under the cheque. Said notice was served on petitioner - accused on 3/4/2017. Petitioner - accused has not paid the cheque amount within 15 days. Therefore, respondent - complainant initiated proceedings against petitioner - accused for offence under Sec. 138 of N.I. Act. Prior to initiating proceedings against petitioner - accused for offence under Sec. 138 of N.I. Act respondent - complainant had also filed a suit in O.S. No. 2331/2017 on the file of City Civil Court, Bengaluru, for recovery of Rs.1,10,00,000.00 against petitioner. Respondent complainant, in order to prove his case, has examined himself as P.W.1 and got marked Ex.P.1 to Ex.P.15. Statement of petitioner - accused has been recorded under Sec. 313 of Cr.P.C. Petitioner - accused has not lead any defence evidence. Learned Magistrate, after hearing arguments on both sides, convicted petitioner - accused for offence under Sec. 138 of N.I. Act by order dtd. 20/6/2019 and sentenced him to undergo simple imprisonment for a period of 1 year and to pay fine of Rs.32,00,000.00. Said judgment of conviction and order on sentence had been challenged by petitioner - accused before the Sessions Court in Crl.A. No. 37/2019. Said appeal came to be dismissed by affirming the judgment of conviction and order on sentence passed by the trial Court.