- (1.)Leave granted.
(2.)This appeal by special leave arises out of Judgment dated 22nd August, 2012 passed by the High Court of Karnataka, Circuit Bench at Dharwad, in Criminal Appeal No. 832 of 2007 whereby the High Court set aside the Judgment and Order of the J.M.F.C. (II-Court), Karwar acquitting the appellant herein of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').
(3.)The facts leading to this appeal, in a nutshell, are that a Cheque for Rs.5,00,000/- issued by the appellant in favour of the respondent was dishonoured by the Bank when it was presented for realization by the respondent, as the appellant had instructed the Bank to stop the payment. After receiving such information from the Bank, the respondent served a legal notice calling upon the appellant to pay the Cheque amount. Upon failure of the respondent to obey the legal notice warranting him to pay the Cheque amount of Rs.5,00,000/-, the respondent filed Complaint Case against the appellant for the offence punishable under Section 138 of the Act.
The Judicial Magistrate (First Class), Karwar took cognizance of the offence, recorded statement of the complainant under oath, registered the case and summoned the accused-appellant. The appellant pleaded not guilty and claimed trial.