B LINGAN Vs. K VEERABADRASWAMY

JUDGEMENT

(1.) The present Criminal Appeal has been filed challenging the order passed by the learned Sessions Judge, Nilgiris at Udhagamandalam in C.A.No.24 of 2009 dated 24.03.2010 whereby the Appeal preferred by the respondent was allowed and he was acquitted for the offences that he was tried and sentenced to by the trial Court under Section 138 of the Negotiable Instruments Act.

(2.) The case of the appellant is that the respondent/accused received a sum of Rs.5,00,000/- from him for his urgent needs and towards repayment of the said sum, the accused has issued post dated cheques dated 10.12007 for a sum of Rs.5,00,000/- drawn in favour of the complainant. The complainant has presented the cheques for encashment to his bank, State Bank of India, Kil Kothagiri and the cheque was returned with an endorsement of insufficient funds in the account of the accused. On 14.03.2008, the complainant has issued a statutory notice to the accused under Section 138(b) of the Negotiable Instruments Act calling upon him to pay the money and the accused did not receive the notice and deliberately returned the notice. Thereafter, a complainant was filed under Sections 138 read with Section 142 of the Negotiable Instruments Act before the trial Court.

(3.) The trial Court took the case on file in S.T.R.No.494 of 2008 and the trial Court, after considering all the issues has rejected the plea of the accused and found him guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/-.