ANJANAPPA Vs. SHIVANNA

JUDGEMENT

(1.) The petitioner is aggrieved by the judgments of the courts below in convicting him for the offence under Section 138 of the Negotiable Instruments Act and sentencing him to pay fine of Rs.2,10,000/- with default clause and further he is directed to pay compensation of Rs.2 lakhs to the complainant.

(2.) For the sake of convenience, the parties will be addressed by their status before the Trial Court.

(3.) Briefly stated, the complainant lodged a complaint before the Trial Court alleging that the accused is known to him for several years. On his request, he lent a loan of Rs.2 lakhs to the accused to discharge his legal debt. The accused had issued a cheque bearing No.202576 for Rs.2 lakhs drawn on HDFC Bank, Yelahanka, Bangalore. When the cheque was presented for encashment with the Bank, it was returned with the endorsement 'account closed'. On 25.8.2007 the matter was informed to the accused and demand notice was issued on 4.9.2007 by way of RPAD and UCP. Though the notice was served, he failed to repay the cheque amount. The Court after recording the sworn statement of the complainant, took cognizance of the offence, procured the accused, recorded his plea and he pleaded not guilty. The complainant entered into trial and examined himself as PW-1 and marked documents Ex.P1 to P7. The statement of the accused under Section 313 of Cr.P.C. was recorded. He denied all the incriminating circumstances surfacing in the evidence of PW-1. He led his defence evidence by examining himself and one witness as DWs 1 and 2.