R RAVISHAIAH Vs. T S MANJULA

JUDGEMENT

(1.) THE petitioner/complainant is before this court under Section 482 of Cr. P. C. , challenging the order dated 18-1-2005 made in C. C. No. 30676/02 on the file of XIII Additional Chief Metropolitan magistrate Court at Bangalore, and the order dated 22-8-2005 made in criminal Revision Petition No. 232/2005 on the file of Fast Track Court no. V at Bangalore city, in so far as not imposing double the cheque amount as fine for the offence under Section 138 of the Negotiable Instruments Act.

(2.) HEARD arguments.

(3.) LEARNED Counsel for the petitioner submits that the accused had approached the complainant and requested him to invest a sum of rs. 5,00,000/- in LPG business assuring that the complainant would be accommodated as a partner along with the accused. Thereafter, from time to time the complainant paid in all a sum of Rs. 5,00,000/- to the accused. The accused started business in gas agency on 17-10-2001. Thereafter, the complainant approached the accused and requested him to make partnership deed, but the accused postponed the same on one reason or the other and finally denied complainant's share or partnership in the business. Thereafter, the complainant insisted repayment of the amount and in pursuance of that a cheque dated 1-2-2002 for a sum of Rs. 5,00,000/-was issued. When that cheque was presented for realization, it was dishonoured. Therefore, the petitioner/complainant filed a private complaint as against the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act (in short 'the Act' ). The respondent/ accused was convicted for the offence under Section 138 of the Act and the accused was sentenced to pay a fine of Rs. 6,00,000/-, in default in payment of fine, the accused shall undergo S. I for one year. Out of the fine amount, complainant was awarded Rs. 5,80,000/- as compensation under Section 357 of Cr. P. C.