SRI KHUDDAS PASHA Vs. N RAVIKUMAR

JUDGEMENT

(1.) In this revision petition, the challenge is to the judgment passed by the lower Appellate Court whereby the order of the Trial Court in convicting the accused in respect of the offence under Section 138 of N.I.Act is reversed.

(2.) Briefly stated, the revision petitioner (complainant herein) filed a private complaint against the respondent (accused herein) before the jurisdictional Magistrate Court in respect of offence under Section 138 of the N.I. Act. His case was, one Muniyappa was the absolute owner of the land bearing Sy.No.71 measuring 1 acre 20 guntas situated at Bychapura village and he had executed a GPA in favour of the complainant in respect of the said land and on the basis of the GPA, the complainant sold the land to his wife Smt. Zabina Taj under a registered sale deed dated 3.11.1995. The accused is the Managing partner of Sitara Projects, Bangalore, engaged in real estate business. The complainant sold the above land to the accused through his wife under a registered sale deed dated 7.2.2007 for Rs.1,76,35,000/-. To avoid stamp duty, the accused had shown the consideration amount in the sale deed as Rs.15 lakhs which was the prevailing Government market rate for the land. Towards the balance sale consideration amount, the accused issued four cheques bearing Nos.679327, 679328, 679326 and 679323 dated 12.2.2007, 14.2.2007, 17.2.2007 and 9.7.2007 for Rs.25,00,000/-, 30,00,000/-, 25,00,000/- and 81,35,000/- respectively drawn on Canara Bank, Koramangala, in a total sum of Rs.1,61,35,000/-. As per the assurance given by the accused, the cheques when presented for encashment, were returned with the endorsement 'Funds insufficient'. On 30.7.2007 a legal notice was issued by the complainant to the accused calling upon him to repay the cheques amount. The notice sent under Certificate of Posting is served on him. Intentionally he has avoided notice issued through RPAD.

(3.) On registration of the complaint, after taking cognizance and recording the statement of the accused, criminal case was ordered to be registered and the accused was procured. He pleaded not guilty to the accusation.