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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 - Conviction - If proper - Accused contending that only two cheques were issued by him for securing amount borrowed by him That other cheques were issued by him for securing amounts borrowed by his friends - These friends as witnesses not affirming said fact Dates of cheques and dates on which said friends have borrowed money from complainant not tallying Moreover, accused re-validating all cheques on several occasions These facts falsifies case of accused - Conviction proper.

       Held: It is the very case of the accused that he introduced the above said five of his friends to the complainant and got the loans advanced to them in lakhs of rupees on several occasions. If the complainant had capacity to lend to the friends of the accused as contended by the accused himself it could not be said that the complainant had no capacity to lend to the accused. Besides this, there is evidence of PW,1 that on his retirement he got retirement benefits to the extent of more than Rs.4.00.000/- and he lent the same to the accused. Further, the complainant bas denied in clear terms that he lent any Joan to any of the said five persons at the instance of the accused. Further, DWs.2 and 3 except saying in vague terms in their evidence that they obtained loan from the complainant on - several occasions, they have not produced any material to substantiate the same.• Therefore the above submission of the learned Counsel for the petitioner accused has no substance. (Para 20)

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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