J. RAMARAJ vs ILIYAZ KHAN - 2006 Supreme(Kar) 807

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Kar) 807

H. V. G. RAMESH
J. RAMARAJ – Appellant
Versus
ILIYAZ KHAN – Respondent

Advocates appeared
Sri R. Narayana, Advocate for Common Petitioner;
Sri A.H. Bhagawan and Sri A.N. Radhakrishna, Advocates for Common Respondent.

ORDER

These three revisions have been filed by the petitioner being aggrieved by the orders passed by the Principal Sessions Judge, Kolar in Cr. A. Nos. 99, 98 and 100 of 2003, wherein the learned Sessions Judge dismissed the appeals while confirming the order of the learned Magistrate in convicting and sentencing the accused/petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. As it transpires from the records, complaint was filed under Section 200 of Cr. P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner herein stating that the complainant/respondent is a commission agent dealing in supply of potatoes on commission basis wherein the accused/petitioner used to place orders for supply of potatoes, as per the request and requirement, the complainant used to supply potatoes to the accused/petitioner as and when required. Further, during the month of July and August 2001 the accused/petitioner purchased potatoes worth Rs. 10 lakhs, Rs. 5 lakhs and Rs. 10 lakhs respectively on different dates and in lieu of discharge of the debt he issued three cheques bearing Nos. 145810, 145809 and 14