KUPPA Vs. MOHAMMAD ALI

JUDGEMENT

(1.) This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. challenging the judgment of conviction for the offence punishable under Section 138 of NI Act, passed in CC No.835/2004 on the file of the Civil Judge (Jr.Dn.) & JMFC, Bhatkal, dated 2.8.2006 and also judgment of confirmation passed in Crl.A. No.134/2006 on the file of the Sessions Judge, FTC-II, Uttara Kannada, Karwar, dated 10.08.2011.

(2.) The parties are referred to as per their ranking before the trial Court for the sake of convenience.

(3.) Brief facts of the case is that the complainant in the complaint has contended that the accused had borrowed hand loan of Rs.98,000/- from him in the first week of January, 2003 for his fishing business purpose and promised to repay the hand loan within six months; towards the repayment of the said hand loan amount, he issued the cheque dated 26.12.2003, drawn on Grameena Vyavasaya Sahakari Bank Ltd., Jali, Branch Bunder and when the said cheque was presented and the same was returned with an endorsement "A/c closed". Further, it is the case of the complainant that he has issued demand notice on 10.01.2004 and the same was served on him on 13.01.2004 and in spite of service of notice, he has not made the payment, and hence, he has committed an offence under Section 138 of NI Act, hence, filed the complaint. The Court below has taken the cognizance and recorded the plea and conducted the trial and in support of the case, the complainant himself examined as PW1 and relied upon the documents Exs.P1 to P7 (a-c) and the respondent examined one witness as DW1 and he did not choose to examine himself and the Court below after considering both oral and documentary evidence, convicted the accused for the offence punishable under Section 138 of NI Act and sentenced him to undergo simple imprisonment for a period of one year and also sentenced him to pay a fine of Rs.5,000/- and in default of payment of fine amount, the accused shall undergo simple imprisonment for a period of three months. The complainant is awarded a compensation of Rs.98,000/- under Section 357(3) of Cr.P.C. Being aggrieved by the judgment of conviction and sentence, he has preferred Crl.A. No.134/2006 before the first appellate Court. The first appellate Court after hearing both the sides, confirmed the judgment of the trial Court.