SANJAY Vs. SATANNA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 397 read with 401 of Cr.P.C., challenging the judgment and order passed by the Courts below.

(2.) Brief facts leading to filing of the case are that respondent-complainant filed the private complaint under Section 200 of Cr.P.C., against the petitioneraccused for the offence punishable under Section 138 of Negotiable instruments Act, making the allegation that complainant and accused were friends since 10 years. Accused is a leading business man doing the business of gas agency in the name and style of 'Savita Gas Agencies'. Complainant is the Class-I Contractor since 15 to 20 years. Being good friends, the complainant and accused were used to help each other financially for the business and contract work whenever require. In the month of December, 2006, accused approached the complainant for hand loan of Rs.5,00,000/- as usual. Complainant paid the said amount to accused and accused promised to repay the same within two months. After two months, complainant asked the accused for repayment. Accused issued an account payee cheque bearing No.159172 dated 07.03.2007 drawn on Canara Bank, Station Bazaar Branch, in the name of complainant. Accordingly, the complainant presented the said cheque for encashment on 12.03.2007. The said cheque was returned with endorsement "funds insufficient'' on the same day. Thereafter, he approached the accused and informed about dishonor. Accused expressed his inability to manage the amount and requested to present the said cheque for encashment after 20 days. Hence, complainant again presented the said cheque at his account in Bank of India on 10.04.2007 for encashment, that time also it was returned with same endorsement. Complainant again informed the accused and accused requested for further two (2) months time to return the said amount. Hence, the complainant has presented the said cheque for encashment on 07.06.2007 at his account similarly cheque was returned with same reason. Once again complainant informed the same to accused, he requested to present the cheque in the month of July second week. Complainant as per the request of accused presented the cheque on 12.07.2007 and on such occasion also it was returned with endorsement that funds insufficient. Hence, complainant got issued legal notice on 04.08.2007 through R.P.A.D to the accused residential address and also business firm address. In spite of issuance of notice, accused neither paid the amount nor replied to the notice, hence, the complaint was filed. The Court after recording the sworn statement of the complainant, took cognizance and issued process to the accused. Accused represented through his counsel. The evidence was led before the Court and after considering the material placed before it, ultimately, the Trial Court held that the present petitioner is guilty and convicted him for the offence punishable under Section 138 of N.I.Act and imposed fine of Rs.5,70,000/-.

(3.) Being aggrieved by the judgment and order of the Trial Court, the petitioner herein preferred the appeal before the fist appellate Court in Crl.A.No.67/2010. The first appellate Court after evaluating the materials placed before it, ultimately dismissed the appeal confirming the judgment and order passed by the Trial Court.