A.N. Venugopala Gowda, J.— The XVI Additional Chief Metropolitan Magistrate, Bangalore City, on 6.7.2011, convicted both the accused in C.C. No. 15622 of 2008, a case related to the dishonour of cheques, under Section 138 of Negotiable Instruments Act, 1881 (for short, ‘the Act’) and sentenced the accused to pay fine of Rs. 4,02,000.

Rs. 4,00,000, from the fine amount, when realised, was ordered to be paid to the complainant as compensation. In default of payment of the compensation amount, the accused were ordered to undergo simple imprisonment for a period of 4 months. Cri. A. No. 577 of 2011 filed, thereagainst, in the City Civil and Sessions Court, Bangalore City, assigned to the Fast Track (Sessions) Court-XVII, was dismissed by a judgment dated 30.11.2011. Assailing the said judgments and orders, petitioner/accused 2, has filed this criminal revision petition.

2. The respondent filed a private complaint against one N. Bharath Shetty and the petitioner, Managing Director and Director respectively of a company, M/s. Canara Polypack Limited (for short, ‘company’) for the offence punishable under Section 138 of the Act, alleging that, for the purpose of the company, the accu