BADRINATH LADDA Vs. D. VIJAYA

JUDGEMENT

(1.) This revision petition under Ss. 397 read with 401 of Cr.PC is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence dtd. 3/4/2014 passed by the Court of XXII Addl. Chief Metropolitan Magistrate, Bengaluru City, in CC.No.14587/2004 and the judgment and order dtd. 2/8/2017 passed by the Court of LXIX Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.No.446/2014.

(2.) Heard the learned Counsel for the parties.

(3.) The respondent herein had filed a private complaint under Sec. 200 of Cr.PC against the petitioner herein before the jurisdictional Court of Magistrate alleging that the cheque in question bearing No.817355 dtd. 16/4/2004 drawn on ING Vysya Bank, Hospet Branch, for a sum of Rs.45.00 lakhs which was issued in favour of the complainant by the petitioner towards repayment of the amount of Rs.45.00 lakhs received by him from the complainant was dishonoured by the drawee bank for the reason that payment was stopped by the drawer. According to the complainant, petitioner who is the Proprietor of the firm known as M/s. Sreenidhi Trading Company had undertaken to supply 50 MTs of iron ore to the complainant who is the Proprietrix of firm known as M/s. Sumith Impex at the rate of Rs.235.00 per metric tonne and had totally received a sum of Rs.45.00 lakhs from the respondent, but had failed to supply the iron ore and towards repayment of the amount received, had issued the cheque in question for a sum of Rs.45.00 lakhs. After the said cheque was dishonoured by the drawee bank, a statutory notice was got issued on behalf of the complainant to the petitioners herein and since the petitioner had not repaid the amount covered under the cheque in question inspite of service of legal notice, the respondent had initiated proceedings against the petitioner for the offence punishable under Sec. 138 of N.I.Act in CC.No.14587/2004 before the jurisdictional Court of Magistrate.