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TMI Blog2021 (1) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... the counterfoil or the slips attached to the cheque book, wherein necessary details are entered by the accused during the usual course. When accused has taken the plea that the cheque came to be issued in the year 2006, it is for him to establish that cheque in fact was issued in the year 2006 and he has honoured the cheque which is preceding Ex.P-1 and which has been issued subsequent to Ex.P-1. But, no such evidence is placed by the accused in this regard. It is also pertinent to note that there was no reply sent by the accused to the statutory notice - In the absence of such evidence placed by the accused, this court is of the considered opinion that the finding recorded by the learned Magistrate which was upheld by the first Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - CRIMINAL REVISION PETITION NO. 18/2015 - - - Dated:- 13-1-2021 - THE HON'BLE MR. JUSTICE V. SRISHANANDA FOR THE PETITIONER : SRI. SRINIVASAN.T, ADV. FOR THE RESPONDENT : SRI. M.S.HARINATH, ADV. ORDER This Revision Petition is filed by the accused against the conviction order dated 9th October, 2013 passed in CC No.3781/2011 by the file of the XIII Addl. Chief Metropolitan Magistrate, Bengaluru, whereby the accused came to be convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and the accused was ordered to pay a fine of ₹ 1,98,000/- with a default sentence of simple imprisonment for six months and out of the fine amount recovered, a sum of ₹ 1,93,000/- shall be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The learned Magistrate took cognizance recorded the sworn statement and issued summons. The accused entered appearance and plea was recorded. The accused pleaded not guilty. Therefore, the trial was held. In order to prove the complaint averments, the complainant got himself examined as PW-1 and relied on nine documentary evidence which were exhibited and marked as Exhibits P-1 to P-9 comprising of cheque, Pass book, Bank endorsement, copy of legal notice, RPAD Receipt, UCP Receipt, Courier Receipt, Postal acknowledgement and complaint. On closure of the evidence, the accused statement as contemplated u/s.313 Cr.PC., was recorded, wherein the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence of DW-1 and the documents which were exhibited and marked as Exhibits D-1 to D-7. He has also contended that the accused had retired from service and had received service benefits and therefore, there was no necessity for the accused to borrow any money from the complainant which is totally ignored by the learned Magistrate as well as the first Appellate Court. He has further contended that there was a previous loan transaction between the complainant and the accused, wherein the accused had given cheques to the complainant and that cheque has been mis-used by the complainant for the purpose of filing a false case against the accused and the same is also totally ignored by the learned Magistrate and the first Appellate Court and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to show that there was a previous transaction wherein he had tendered the cheque to the complainant by producing the counterfoil or the slips attached to the cheque book, wherein necessary details are entered by the accused during the usual course. When accused has taken the plea that the cheque came to be issued in the year 2006, it is for him to establish that cheque in fact was issued in the year 2006 and he has honoured the cheque which is preceding Ex.P-1 and which has been issued subsequent to Ex.P-1. But, no such evidence is placed by the accused in this regard. It is also pertinent to note that there was no reply sent by the accused to the statutory notice. So also, even after appearing before the learned Magistrate, accused did no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to establish his defence, the sentence passed by the learned Magistrate and confirmed by the first Appellate Court ordering only fine amount to the extent of the cheque amount as compensation is perfectly justified in the facts and circumstances of the case. Accordingly, there is no need for interference of the order of the learned Magistrate confirmed by the first Appellate Court. 15. However, having regard to the fact that the Nation is facing Pandemic COVID-19, reasonable time shall be given to the accused to make payment. Accordingly, this court exercising its inherent power is extending time to pay the fine amount till 31st of May, 2021 to the accused to make good the fine amount. With this observation, the Revision Petition i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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