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TMI Blog2021 (11) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court Crl.A. No. filed by whom and result C.C. No. filed by whom, DD/ result / sentence imposed to the accused 1. 1083/2015 filed by Accused K.S. Ameer Jan 175/2015 -Filed by Accused K.S. Ameer Jan DD 09-09-2015 Appeal dismissed 4319/2008 Complainant Maqbul Ahmed DD 9-01-2015 Acting under Section 255(2) of Cr.P.C. the accused is convicted for the offence punishable under Section 138 of Negotiable Instruments Act. Accused shall pay fine of Rs. 2,30,000/- and in default of payment of fine, accused shall undergo simple imprisonment for 6 months. and out of the fine amount, the complainant is entitled for Rs. 2,25,000/- as compensation amount and Rs. 5,000/- shall be remitted to the State. 2. &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of judicial time, the facts of the case of the complainant in all the cases are extracted from the certified copy of the judgment passed in Criminal case which read as under: In CC No. 4319/2008 "The brief facts of the case of the complainant in CC No. 4319/2008 are, that since the complainant and accused were close friends, the complainant has got good reputation in the public and also he is in good financial status. The accused taking undue advantage of the same, he has approached the complainant in the month of October 2007 for advancement of hand loan of Rs. 6,25,000/- to meet out his financial stringency, as his children are handicapped. Then the complainant believing on good faith, upon the accused, he had advanced the said loan a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eputation in the public and also he is in good financial status. The accused taking undue advantage of the same, he has approached the complainant in the month of October 2007 for advancement of hand loan of Rs. 6,25,000/- to meet out his financial stringency, as his children are handicapped. Then the complainant believing on good faith, upon the accused, he had advanced the said loan amount of Rs. 6,25,000/- to the accused the same has been received by the said accused and at that time, out of the said loan amount to discharge the part of the loan amount, he had issued cheque bg. No. 545397 dated 3-6-2007 for Rs. 3,00,000/- i.e. Ex. P1. As per the instructions given by the said accused for presentation of the said cheque after the due date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 25-9-2007 for Rs. 1,00,000/- i.e., Ex. P1. As per the instructions given by the said accused for presentation of the said cheque after the due date mentioned in the said disputed cheque Ex. P1. When the complainant presented the said cheque in Indian Overseas Bank, Bommanahalli Branch, Bangalore, for encashment, the said cheque was dishonoured with an endorsement as 'funds insufficient' on 28-9-2007. Consequently, the complainant got issued legal notice to the accused on 26-10-2007 through RPAD and UCP. The notice sent through RPAD was returned with an endorsement as 'not claimed intimation delivered'. But the said notice sent through UCP was duly served upon the accused. Hence, there is deemed service of notice. Inspite o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application before the trial court under Section 91 of Cr.P.C. seeking direction to the complainant to produce his income tax returns pertaining to the alleged transaction and another application under Section 45 of the Indian Evidence Act for comparing the signature of the accused with other manuscript portion on the cheques as it was the contention of the accused that the other portion of cheque except the signature have been filled by the complainant by mis using the instruments and the said applications came to be dismissed. Against which, three revision petitions were filed. However, as there was no stay order, the learned trial judge disposed of the criminal cases holding the accused guilty for the offence punishable under Section 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that he has not used the opportunity provided by the court and also failed to adduce his evidence in all the three cases. 13. In the circumstances of the case, the concept of principles of natural justice would be that, opportunity is to be offered and not that the court shall go on pending opportunity till opportunity is exhausted. It is reasonable that the requisite opportunity provided, it has reasonably utilised. However in the normal aspect of principles of natural justice, one more opportunity may be given to the petitioner/accused to cross examine the complainant and also to adduce his defence evidence before the trial court but not without conditions. Thus, for the purpose of remand, the judgment of the trial court and appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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