SRIHARI REDDY Vs. SRI K. PRABHAKAR REDDY S/O SRI SUNDARARAMI REDDY

JUDGEMENT

(1.) THIS criminal revision petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1908 (CrPC) by the second accused CC No 18762 of 2010, on the file of Court of XII Addl. Chief Metropolitan Magistrate, Bangalore city, wherein first accused being a private limited company - a corporate body - and not represented by any named person, and the second accused being the managing director of first accused -company and therefore the second accused acting as accused 1 and 2, is directed against the judgment and order dated 20 -10 -2011 passed in Crl Appeal No 229 of 2010, on the file of Addl Sessions Judge and presiding officer, Fast. Track Court -I, Bangalore, allowing the appeal preferred under Section 374(3) CrPC in part and modifying the order of sentence dated 7 -3 -2011 passed in CC No 18762 of 2010

(2.) A private complaint filed under Section 200 CrPC by the respondent herein for punishing the accused persons for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act), on the premise that ExP1 cheque bearing No 855579 dated 6 -3 -2010, drawn on Vijaya Bank, BTM Layout Branch, Bangalore, for a sum of Rs. 44,00,000/ -, issued by the accused persons, dishonoured by the bankers with endorsement 'fund insufficient' etc. was registered in Criminal Case No 18762 of 2010, which resulted in an order of conviction, after the learned judge of the trial court found the accused persons guilty of the offence and the following order was passed on sentence: Order Acting under Sec. 255(2) of Cr.P.C. accused is hereby convicted for the offence punishable u/s. 138 of Negotiable Instruments Act with fine of Rs. 65,10,000/ - (Rupees Sixty five Lakhs and Ten Thousand only). In default of sold fine amount accused shall under go simple imprisonment for one year. Further accused shall pay Rs. 65,00,000/ - to complainant as compensation as per sec. 357 Cr.P.C. The balance fine amount of Rs. 10.000/ -shall be forfeited to State. The bail and surety bond of the accused shall stands cancelled. Office is directed to supply free copy of. this Judgement to the accused.

(3.) IT is aggrieved by these concurrent findings holding the revision petitioner guilty of the offence punishable under Section 138 of the Act and even aggrieved by the reduced fine of Rs. 55,10,000/ -. the present revision petition.