Veerendra Kathuria vs M/s. Bali Meadows Developers Private Limited, No. 301, F-Mittal Towers

A.N. Venugopala Gowda

Petitioner faced trial for an offence under S. 138 of the Negotiable Instruments Act ("the Act" for short) and having been found guilty in C.C.No. 648/2008 on the file of the 13th Additional Chief Metropolitan Magistrate, Bangalore, was convicted on 23.5.2011 and was sentenced to pay fine of Rs. 1,60,10,000/-. Out of the fine amount, Rs. 1,60,00,000/- was ordered to be paid to the complainant as compensation, as provided under S. 357 of Cr. P.C. Crl. A. No. 481/2011 filed in the Sessions Court, Bangalore City, having been found to be devoid of merit was dismissed on 23.1.2012. This petition is directed against the said judgments/orders. Indisputably, in the suit filed for recovery of money, cheques in question were issued. The cheques having bounced, complaint under S. 200 Cr. P.C. alleging commission of offence under S. 138 of the Act was filed, which was registered in C.C.No. 648/2008 on the file of the Additional Chief Metropolitan Magistrate, Bangalore, wherein the conviction and sentence, noticed supra, was ordered.

Respondent, as a decree-holder filed E.P.No. 53/2008 and in the said proceedings, petitioner who is the judgment debtor, paid Rs. 1,05,08,500/- on 25.8.2012. Pursuant to an interim order passed in Crl. A. No. 481/2011, the appellant/petitioner deposited Rs. 24,01,400/- by way of Demand Draft. The said amount was permitted to be withdrawn by the complainant subject to the final outcome of the proceedings. Further sum of Rs. 41,50,000/- was paid by way of two Demand Drafts by the petitioner to the respondent in E.P.No. 53/2008. Rs. 31,00,000/- was paid by the petitioner by way of Demand Draft to the respondent on 5.9.2012. Thus, the petitioner has paid the fine amount of Rs. 1,60,00,000/- to the respondent.

Sri C.H. Jadhav submits that payments made in E.P.No. 53/2008 and the deposit made in Crl. A. No. 481/2011 be adjusted to the fine amount payable pursuant to the judgment of conviction and order of sentence passed in C.C.No. 648/2008 on 23.5.2011. Sri C.H. Jadhav submitted that the balance amount of Rs. 10,000/- would be deposited in the Trial Court before 17.9.2012. In view of the aforesaid circumstances, the conviction of the petitioner for the offence under S. 138 of the Act cannot be challenged and hence, is maintained. Since the accused/petitioner has paid the compensation amount of Rs. 1,60,00,000/- to the respondent/complainant, in the manner noticed supra, the petitioner is granted time up to 17.9.2012, to remit the balance fine amount of Rs. 10,000/- in the Trial Court, which has to be forfeited to the State Government. If the balance fine amount is not deposited within the time allowed, the bail bond and surety bond shall stand cancelled and the petitioner shall undergo the jail sentence ordered by the Trial Court.

Smt. A. Yogasree, learned advocate submitted that the payment of Rs. 1,60,00,000/- by the petitioner, will be given deduction to by the decree holder in E.P.No. 53/2008 and for the balance decree amount, the Execution Court to pass orders. Submission of Learned Counsel is recorded.

Contentions of both parties in E.P.No. 53/2008 are kept open for consideration by the Court concerned.

Revision Petition is disposed of accordingly.