R.N.KUMAR Vs. A.D.ANANDRAJ

JUDGEMENT

(1.) The petitioner in Crl.RP.No.274/2011 is accused No.1 and petitioner in Crl.RP.No.282/2011 is accused No.2 in C.C.No.26665/2001 on the file of XIV Addl. CMM, Bangalore, wherein these petitioners as well as accused No.9 who has not preferred any appeal or revision were convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') and sentenced to pay fine of Rs.1,15,000/- each and the said fine amount was directed to pay as compensation to the complainant.

(2.) Being aggrieved by the same, accused No.1- K.C.Nagaraju and accused No.2- R.N.Kumar preferred appeals before IV Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bangalore (CCH-21), in Crl.A.Nos.15098/2006 and 15099/2006. Both the appeals came to be dismissed, however, the fine amount was enhanced to Rs.2,50,000/- each payable by accused Nos.1 and 2 respectively to the complainant vide judgment dated 05.01.2010. Being aggrieved by the same, both accused Nos.1 and 2 have filed these revision petitions before this Court.

(3.) Before adverting to the grounds urged by the learned counsel appearing for the parties, it is worth to mention the factual matrix of the case of the respondent/complainant before the trial Court: The respondent who was the complainant before the trial Court filed a complaint under Section 200 of Cr.P.C., against accused Nos.1 to 9 for the offence punishable under Section 138 of the Act alleging that the complainant is running Fire Work (Crackers) business in the name of Anandraj Enterprises. Accused No.1 being the President, accused No.2 the Secretary and accused No.9 the treasurer of HAL SC/ST Employees and Officers Association approached the complainant for purchase of 1500 cracker packets through letter dated 02.11.1999 as per Ex.P.1 at the rate of Rs.250/- per packet. The complainant is said to have supplied fifty pockets of crackers at the rate of Rs.270/- per pocket and the accused persons were said to have issued the post dated cheque for Rs.1,15,000/- towards sale consideration. When the cheque was presented to the complainant's bank, it was dishonored for insufficient funds and notice was issued and there was no reply from the accused persons. Hence, the complaint came to be filed.