Grant Final Opportunity for Convict in NI Act Sec. 138 Offense: Karnataka HC

K S Ameer Jan Vs Maqbool Ahmed (Karnataka High Court)

Karnataka High Court held that accused convicted for the offence punishable under section 138 of the Negotiable Instruments Act to grant final opportunity to cross-examine complainant on deposit of 50% of the fine amount before trial court.

Facts- Complainant advanced loan amount of Rs. 6,25,000/- upon accused. In-turn, accused gave post-dated cheques. However, the cheques were dishonoured with an endorsement as ‘funds insufficient’. The complainant got issued legal notice to the accused 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 of service of legal notice, the accused neither replied nor repaid the cheque amount within stipulated time.

As the criminal cases ended in allowing of the complaint in all the cases and convicting the accused for the offence punishable u/s. 138 of N.I Act, by imposing sentence as stated above, accused preferred Criminal appeals before the appellate court as specifically mentioned in the above table which came to be dismissed and the same are challenged by the accused in these revision petitions.