K.C. RAVINDRANATH S/O. CHIKKAMUNIYAPPA Vs. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, A. KUMARASWAMY S/O. LATE ANJANAPPA AND N. CHALAPATHY

JUDGEMENT

(1.) THE petitioner in Crl.P. No. 3986/2006 has come up with this petition challenging the order dated 31 -7 -2003 passed in C.C. No. 12011/2003 taking cognizance and directing registration of a case against the petitioner for the offence punishable under Sections 420, 468 and 471 of IPC and to quash the entire proceedings initiated against him.

(2.) THE appellant in Crl.A. No. 1709/2007 has sought to set aside the judgment dated 22 -9 -2007 passed by the XXXVI Addl. City Civil and Sessions Judge, Bangalore in Crl.A. No. 1238/2006 and confirm the order of conviction and sentence dated 30 -6 -2006 passed by the XXII ACMM, Bangalore in C.C. No. 34904/2002.

(3.) THE brief facts of the case of the appellant in Crl.A. No. 1709/2007 is that the respondent -1 is a partnership firm and respondents -2 and 3 are its partners and that they have issued a cheque Ex.P -2 for a sum of Rs. 30,000/ - for due discharge of their liability; when the said cheque was presented for encashment, the same returned unpaid with bank shara 'account closed'. Therefore, after complying with the mandatory provisions of the Act, he filed a private complaint against the respondents for the offence punishable under Section 138 of the Act. To prove his case, appellant - complainant examined himself as P.W. 1 and got marked Exs.P -1 to P -23. On the other hand, respondcnt -3 examined himself as D.W.3 and got marked Exs.D -1 to 7. The trial Court after considering the material evidence placed before it, convicted the respondents for the aforesaid offence and sentenced them to pay a fine of Rs. 50 lakhs, in default, to undergo S.I for 12 months. Being aggrieved by the said order of conviction and sentence, respondents preferred an appeal before the Court below which came to be allowed by setting aside the order of conviction and sentence passed by trial Court and consequently dismissed the complaint filed by the complainant -appellant herein. Hence the appeal.