B.A.PATIL
V. Narasimha Murthy – Appellant
Versus
Santhosh J – Respondent
B.A. PATIL, J.
1. The present application has been filed by the respondent-complainant under Section 148 of The Negotiable Instruments Act, ('Act' for short) r/w. Section 482 of Cr.P.C. praying to release the amount in deposit made by the petitioner-accused in C.C.No.5021/2013 as per the order passed by this Court dated 24.4.2018. The said application is accompanied with affidavit of the respondent-complainant. In the said affidavit it is contended that in order to discharge the legal enforceable debt, two post dated cheques dated 2.5.2013 for a sum of Rs.50,00,000/- and Rs.10,00,000/- had been issued, but subsequently the said cheques were dishonoured and thereafter a legal notice was issued. As the accused did not pay the amount, the complainant filed a complaint under Section 138 of the Negotiable Instruments Act. The Court below after considering the material placed on record, by the order dated 27.10.2016 convicted the accused for the offence punishable under Section 138 of the Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.70,00,000/-. The trial Court also held that in default of payment, the accused shall also
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