R. NATARAJ
G. T. Mahesh – Appellant
Versus
V. Narayana Reddy – Respondent
JUDGMENT/ORDER
1. The petitioner has challenged the judgment of conviction and the order of sentence dtd. 1/7/2017 passed by the Principal Civil Judge and JMFC, Chintamani in C.C.No.465/2016 convicting him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (henceforth referred to as ' N.I. Act ' for short) as well as the judgment dtd. 29/8/2020 passed by the II Addl. District and Sessions Judge, Chikkaballapura, sitting at Chintamani in Crl.A.No.59/2017.
2. The respondent herein filed a private complaint alleging an offence by the petitioner punishable under Sec. 138 of the N.I. Act. The order sheet discloses that the presence of the petitioner was secured by the Trial Court by issuing non-bailable warrant and thereafter, he was released on bail in terms of the order dtd. 6/6/2017. On the said date, the Trial Court recorded the plea of the petitioner. In the plea, it was shown that the petitioner had admitted his guilt. However, in the order sheet, it was recorded that the petitioner pleaded not guilty and claimed to be tried. He also filed an application under Sec. 145(2) of the N.I. Act. Thereafter, the case was listed on two dates for cross-examinat
Irregular proceedings and unclear recording of plea leading to a wrongful conviction under Sec. 138 of the N.I. Act.
The dishonour of a cheque under Section 138 of the Negotiable Instruments Act constitutes a criminal offence, and the burden of proof lies on the accused to provide a valid defence against the allega....
The court confirms the conviction under the NI Act but allows time for the petitioner to comply with the sentence.
The court grants time to the petitioner for compliance with the sentence imposed under the NI Act.
Composition of offense under Section 138 of the NI Act is permissible when parties voluntarily agree and obligations are fulfilled.
Acquittal permissible upon settlement prior to appeal under Section 138 of the Negotiable Instruments Act.
The dishonor of cheque constitutes an offence under Section 138 of the Negotiable Instruments Act when the complainant presents sufficient evidence to support the liability.
Monetary Laws and Norms - Negotiable Instrument - Amicable Settlement between parties - Matter is settled between parties and a compounding petition is also filed.
Revisional jurisdiction has limited scope; concurrent findings by lower courts upheld unless illegality or impropriety is shown.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
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