ANANDBABU Vs. S C NAREGAL

JUDGEMENT

(1.) The present revision petition has been field by the petitioner/accused challenging the judgment passed by the IV Additional District and Sessions Judge at Dharwad in Crl.A. No.50/2016 dated 25.10.2016 whereby the judgment of conviction and order of sentence passed by the Principal Civil Judge and Principal Judicial Magistrate First Class, Dharwad, in C.C. No.189/2010 dated 02.03.2016 was confirmed by dismissing the appeal.

(2.) I have heard learned counsel for the petitioner/accused and the learned counsel for the respondent-complainant.

(3.) It is the case of the complainant that the complainant-firm is a partnership firm and it is represented by N.S.Naregal and the accused is the proprietor of Ramanand Gas Agency and Ramananda Road Lines. Accused is a regular customer of the complainant firm and he used to purchase HSD Oil since 2002-03 on credit basis. Accounts were maintained in the name of M/s. NWKRTC bus business since 2004-05 and as such he opened another account in the name of M/s. Ramanand Road lines. By making use of credit facility, the accused-company used to make payment. As on 15.10.2007, the balance was to the tune of Rs.30,70,441.00. In spite of requests made by the complainant, the accused postponed the same and did not pay the said arrears. It is further urged that the accused issued a cheque, dated 07.08.2009, for a sum of Rs.4,70,000.00 towards part payment of the said dues and he also issued another cheque, dated 22.08.2009, for a sum of Rs.3,69,036.00. When the complainant presented both the cheques, they were returned with an endorsement "Exceeds Arrangement". The same was informed to the accused. A notice was also issued in this behalf. The accused again requested to present the cheque for Rs.3,69,036.00. It also returned with the same endorsement. Therefore, a complaint was registered for the offence punishable under Sec. 138 of the Negotiable Instrument Act.