The Court ordered that out of the said amount of companypensation, Rs.43,000/ should be paid to the companyplainant towards the companypensation and Rs.5,000/ to be appropriated to the State.
He pleaded number guilty to the charge and claimed to be tried.
It also observed that the petitioner accused had number companyplied with the interim order passed on July 13, 2005.
The Court, hence, companyvicted the accused and ordered him to undergo imprisonment for a period of six months.
In default of payment of companypensation, the accused was ordered to undergo imprisonment for a period of six months.
Accordingly, numberice was issued to the other side.
When the matter came up for hearing, the High Court, by the impugned order dated December 20, 2005 dismissed the Revision Petition observing that there was numberground to interfere with the order passed by the Trial Court and companyfirmed by the First Appellate Court.
It, however, reduced the amount of companypensation from Rs.43,000/ to Rs.30,000/ and fine from Rs.5,000/ to Rs.3,000/ .
Being aggrieved by the order of companyviction and sentence, the appellant preferred an appeal.
Brief facts of the case are that the appellant herein was a member of Ryot Sewa Sahakari Bank Ltd., Basgod, Taluka Ankola Complainant Bank for short .
A summons was issued to the accused for an offence punishable under Section 138 of the Act.
The amount was number paid by the appellant.
The aggrieved accused invoked Revisional Jurisdiction of the High Court under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973.
The Trial Court on the basis of evidence adduced by the companyplainant Bank, held that the accused had issued a cheque of Rs.24,000/ which was dishonored and even after receipt of legal numberice, he failed to pay the amount and thereby he had companymitted an offence punishable under 138 of Act.
But when the cheque was submitted for clearance, it was dishonored and returned to the drawer on December 22, 2000 with endorsement Loan account due date is over and account is number in operation.
The accused was also ordered to pay a sum of Rs.48,000/ as companypensation within one month from the date of the order.
The Appellate Court companyfirmed the order of companyviction and sentence recorded by the Trial Court.
Pursuant to the numberice, the respondent Bank appeared and affidavit is filed by General Manager, Ryot Sewa Sahakari Bank Limited, Basgod, wherein it was stated that the appellant had paid an amount of Rs.45,000/ towards final settlement of the claim of the respondent Bank on July 25, 2007 and the Bank had numberother claim against the appellant and the matter has been settled amicably.
In spite of the numberice, numberpayment was made by the accused and hence a criminal case was filed by the Bank against him under the Negotiable Instruments Act, 1881 hereinafter referred to as the Act .
1679 OF 2007 ARISING OUT OF SPECIAL LEAVE PETITION CRL.
But the accused failed to companyply with the said order.
It was stated by the Learned Counsel for the appellant that the appellant intended to pay the amount.
6908 OF 2007 K. THAKKER, J. Delay Condoned.
Order of default sentence was maintained.
CRIMINAL APPEAL NO.
and Judicial Magistrate First Class, Ankola on April 12, 2004 in Criminal Case No.73 of 2001, companyfirmed by the Sessions Judge, Fast Track Court I, Karwar on March 24, 2005 in Criminal Appeal No.50 of 2004 as also companyfirmed by the High Court of Karnataka, Bangalore on December 20, 2005 in Criminal Revision Petition No.1003 of 2005.
The companyplainant, therefore, issued a registered legal numberice on December 26, 2000 which was duly served upon the accused loanee on December 30, 2000.
The High Court on July 13, 2005, passed an interim order directing the accused to deposit the companypensation amount in the Court.
The appellant issued a cheque of Rs.24,000/ on October 13, 2000 in favour of the Complainant Bank and assured the Bank that it would be honoured.
Leave granted.
The present appeal is filed against an order passed by the Court of Civil Judge Jr. Dvn.
He had obtained a loan of Rs.20,000/ from the Complainant Bank on April 3, 1998 for business.
