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2008 Supreme(Kar) 592

IN THE HIGH COURT OF KARNATAKA
Arali Nagaraj
Kempanarasimhaiah - Appellant
Versus
P. Rangaraju - Respondents
Criminal Revision Petition Nos. 773 to 778 of 2007
Decided On : 09/17/2008

Advocates appearing for:
Petitioner: Mis. M.R. Narayan & Co., Adv.
Respondent: Sri R. Vijayakumar, Adv.

Headnote:NEGOTIABLE INSTRUMENTS ACT, 1881 - Section 138: [Arali Nagaraj, J] Demand Notice - Cheque amount being Rs.50,000/- - demand notice for Rs.1,00,000/- - In complaint and evidence mentioned as Rs.50,000/- - Held, Said discrepancy as to amount of cheque in notice does not disentitle the complainant to claim the amount of the cheque which is only Rs.50,000/- i.e., less than what is claimed in the notice.

       NEGOTIABLE INSTRUMENTS ACT, 1881 - Section 139: [Arali Nagaraj, J] Presumption in favour of complainant - Held, It can be drawn in view of existence of legally enforceable debt payable by accused to complainant as on the date of issuing of cheques. Accused is not supposed to prove his defence case beyond all reasonable doubt but is only to prove the same as probable.

COMMON ORDER

Arali Nagaraj, J.

These Criminal Revision Petition Nos.773 to 778/2007 are flied by the same petitioner who is accused in C.C.Nos.1530 to 1533, 18573 and 18574 of 2004 on the file of the learned XV Additional Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as the Trial Court for short) challenging the legality and correctness of the judgments and orders of conviction and sentence separately passed in the said cases on the same date i.e., 8.3.2006 convicting him for the offence under Section 138 of Negotiable Instruments Act (hereinafter referred to as the N.I. Act for short) and sentencing him to pay various amounts of fine and in default, to undergo simple imprisonment for a period of 2 months in each of the said cases.

2. Challenging the said judgments and orders of conviction and sentence passed by the said trial Court in the said cases, the petitioner herein had filed Crl.A. Nos. 607 /2006 to 612/2006 respectively before the Court of Sessions Judge (Fast Track Court No.7) at Bangalore (hereinafter referred to as the Appellate Court. The Appellate Court, by its judgment, passed separately in each of the said appeals on the same date i.e., on 22.2007 dismissed all the said appeals and thereby confirmed the respective judgments and orders of conviction and sentence passed by the Trial Court impugned in the said appeals. The said judgments of the Appellate Court are also challenged by the petitioner-accused in these revision petitions.

3. Since the parties to the criminal cases before the Trial Court, criminal appeals before the Appellate Court and also in these revision petitions before this Court are same and the nature of transactions between the parties is similar in all the cases, these six revision petitions are disposed of by this common Order.

4. Stated in brief, the case of the complainant,(hereinafter the parties are referred to as per their rank in the Trial Court) as averred in his complaint in all his said seven criminal cases is as under:

(a) The accused had been knDWn to the complainant since the past 20 years and he (accused) has been carrying on the business in wrist watches as he is the authorized dealer of HMT and other watches. He has his shop at Unity Building. J.C. Road.Bangalore under the name and style Times House. At the request of the accused, the complainant lent him totally a sum of Rs.7,00,000/- on various dates during the years 1999 and 2000 which was agreed to be repaid by the accused to the complainant along with interest at the rate of 3%,10 per month. The accused paid the interest to the complainant up to June 2000 and thereafter he became irregular in payment of the interest. Ultimately he stopped paying monthly interest from August 2003.

(b) Whenever the accused was borrDWing money from the complainant, he was issuing cheques for the amount borrDWed.

Accordingly he issued in favour of the complainant the follDWing cheques: -


--------------------------------------------------------------------------------------------

Sl. Cheque No. Amount of C.C.No. Crl.R.P.

No. Date & Cheque

Ex. No.

--------------------------------------------------------------------------------------------

1. 246345 Rs.1,00,000/- 1530/04 773/07 23.99

EX.P2

--------------------------------------------------------------------------------------------

2. 246375 1,50,000/- 1531/04 774/07 6.99

EX.P2

--------------------------------------------------------------------------------------------

3. 252769 1,00,000/- 1532/04 775/07 211.99

Ex. P2

--------------------------------------------------------------------------------------------

4. 252800 1,00,000/- 1533/04 776/07 7.1.00

Ex. P2

-------------------------------------------------------------------------------------------5. 759725 1,00,000/- 1534/04 777/07

29.3.00 Ex.P2

& 035825

29.3.00

EX.P3 50,000/

--------------------------------------------------------------------------------------------

6. 257434 1,00,000/- 1535/04 778/07 38.99

Ex.P2

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