K. RUDRAMURTHY Vs. KRISHNA MILK DAIRY FARM

JUDGEMENT

(1.) Heard the learned counsel for the revision petitioner. Respondent is duly served, but he has remained absent.

(2.) Present revision petition is filed under Sec. 397 of Cr.P.C. challenging the concurrent findings given in CC. No. 203/2006 and affirmation of the same in the criminal appeal bearing No. 49/2007. A complaint had been filed under Sec. 138 of N.I. Act before the Court of Additional Civil Judge, (Jr. Dn.) & JMFC, Anekal by the respondent on the ground that the petitioner was due to pay a sum of Rs. 50,000/ - towards the Milk business transaction and in lieu of the same, he issued a cheque of Rs. 50,000/ - drawn on Indian Overseas Bank, Malleshwaram Branch, Bangalore dated 16.7.2015. The said cheque was presented for encashment and it was returned with an endorsement as "insufficient funds" in the account of this petitioner. Therefore, he got issued a statutory notice calling upon the petitioner herein to pay the amount mentioned in the cheque within 15 days from the date of receipt of the notice, lest appropriate action will be taken to recover the same. Inspite of receipt of the said notice, no amount was paid and hence was constrained to file a complaint before the trial Court for the offence punishable under Sec. 138 of N.I. Act.

(3.) Respondent had appeared before the trial Court and contested the case. The complainant's Managing Director is examined as PW -1 and accused as DW -1 and 5 exhibits were marked on behalf of the accused. The defence set up in this case is totally denied by the complainant. According to the accused, the cheque in question had been given to one -Gopinath, and that the same has been misused by the respondent herein in collusion with the said Gopinath.