P JAYASHANKAR NAIDU Vs. P LAKSHMANA ALIAS GANESH

JUDGEMENT

(1.) Heard learned Counsel appearing for petitioner. Perused the records.

(2.) Respondent has filed a complaint under Section 200, Cr. P. C., r/w Section 138 of the Negotiable Instruments Act alleging that petitioner-accused had borrowed a sum of Rs. 2 lakhs on 17.1.2011 for his urgent financial requirements and as security towards the debt, had issued a post dated cheque dated 31.3.2011 drawn on Canara Bank, Begur Branch, Bangalore and as agreed to, petitioner-accused did not repay the amount so borrowed and as such, complainant presented the cheque for encashment which came to be dishonoured for want of funds on 6.4.2011. Hence, respondent-complainant is said to have issued a notice on 16.8.2011 calling upon petitioner-accused to pay cheque amount within fifteen days. Said notice having been duly served on accused, he neither complied with the demand made therein nor has replied to the said notice. As such, the respondent-complainant sought for petitioner-accused be punished under Section 138 of the Negotiable Instruments Act.

(3.) Trial Court after issuing summons and registering complaint in C. C. No. 3491/2012, examined the complainant. On accused pleading not guilty and complainant was examined and five documents have been got marked on his behalf. After recording statement of petitioner-accused under Section 313 of the Code of Criminal Procedure, accused also got himself examined as D.W.1 and he has not produced any document. Trial Court on appreciation of entire evidence found that no rebuttal evidence has been tendered by accused to displace the presumption arising in favour of complainant and as such has convicted the accused by its judgment dated 22.11.2016 for offence punishable under Section 138 of the Negotiable Instruments Act by sentencing him to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 2,75,000/- out of which Rs. 2,50,000/- has been ordered to be paid in favour of respondent-complainant under Section 357 of Cr. P. C., with default sentence of one month simple imprisonment.