S PARAMESHWARAPPA Vs. S CHOODAPPA

JUDGEMENT

(1.) THIS revision is against the order of dismissal of the criminal appeal filed by the petitioners in No. 65/03 by the IX addl. Sessions Judge, Bangalore City by order dated 28-6-2003.

(2.) A complaint was filed by the respondent before the XV Addl. CMM, Bangalore under S. 138 of the Negotiable Instruments act which was registered in CC 20134/1999. These petitioners are arrayed as accused 2 and 7. Accused 1 is the company by name saroj Mining Ltd. , Bangalore. The 1st petitioner is the Chairman and the 2nd petitioner is the Director and it is alleged that accused have borrowed loan from the complainant in a sum of Rs. 18. 5 lakhs. There was also a resolution passed by the accused to clear the amount due to the complainant. The 3rd accused being the Managing director of the accused-company, on the basis of the resolution, had issued a cheque for Rs. 20 lakhs in favour of the complainant. On presentation, the said cheque came to be dishonoured for 'insufficient funds' after causing a legal notice demanding to pay the cheque amount, a complaint was filed for non-compliance. Thereafter, learned magistrate who held the enquiry, convicted accused 1, 2 and 7 for the offence under S 138 of the Negotiable Instruments Act and sentenced them to pay fine of Rs. 34,65,000- and in default, it was ordered that accu. ed 2 and 7 to undergo simple imprisonment fo; a period of three months. Out of the f ne amount, an amount of Rs. 34,40,000/- was ordered to be paid as compensation to the complainant.

(3.) BEING aggrieved by the said order, petitioners have preferred appeal before the IX addl. Sessions Judge, Bangalore who, in turn, while confirming the order of the trial court, dismissed the appeal. Hence, this revision by the accused petitioners.