V. RAO GULUR Vs. SREEHARI RAO B. KODIKAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner/complainant challenging the judgment passed by the Presiding Officer, FTC XV, Bangalore in Crl.A.No.686/2010, dated 11.12.2014, whereunder the judgment of conviction and order of sentence passed by the XXII Additional Chief Metropolitan Magistrate and XXIV Additional Small Causes Judge, Bengaluru City in C.C.No.24934/2007, dated 06.08.2010 was confirmed and insofar as the fine amount is concerned, the same has been modified and accused was sentenced to pay a fine of Rs.1,60,000/- and in default to pay the fine amount, to undergo simple imprisonment for a period of ten months and accused is directed to pay remaining balance amount of Rs.30,000/- and in default to pay fine amount, to undergo simple imprisonment for a period of four months.

(2.) I have heard the learned counsel for the petitioner. The respondent, though served with the notice, has remained absent.

(3.) The facts leading to the complaint are that the accused borrowed a loan of Rs.1,75,000/- from the complainant and subsequently he paid Rs.55,000/- through two cheques. For the remaining amount, he issued two cheques for a sum of Rs.50,000/- each and one cheque for a sum of Rs.20,000/-. Totally, he has issued three cheques for a sum of Rs.1,20,000/-. When those cheques were presented for encashment, the same were returned dishonored as the payment was stopped by the respondent/accused. After issuance of legal notice, a complaint was filed under Section 138 of Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the Act').