JAYADEVAPPA K. Vs. M/S. DOW AGRO SCIENCES INDIA (P) LTD.

JUDGEMENT

(1.) These four petitions arises out of the judgment, dated 9.1.2007, passed by the 14th ACMM, Bangalore in C.C. No. 26404/2002. wherein, the trial Court, convicted accused for the offence punishable under Section 138 of N.I. Act and sentenced to pay a fine of L 85,25,000/- and in default, directed A2, A4 and A5 to suffer SI for 2 years and with a direction that the fine amount of L 85,25,000/- shall be paid to the complainant Challenging the said order of conviction, A2 has filed Cri. A. No. 25014/2007 and A5 has filed Cri. A. No. 25018/2007 whereas A4 has filed Cri. A. No. 25010/2007 before the Sessions Court, Bangalore, All these Criminal Appeals were heard by the 13th ACMM, Mayo Hall, Bangalore and by judgment dated 9.5.2008, the said appeals were dismissed. The complainant being aggrieved by the quantum of sentence has filed Cri. R.P. No. 558/2007 before this Court and since all the 4 matters pertain to the same judgment all the 4 appeals are taken up together for the purpose of disposal.

(2.) Parties are referred as per their ranking before the trial Court.

(3.) The complainant filed a private complaint under Section 138 of N.I. Act before the 14th ACMM, Bangalore on 18.2.2002 alleging that the accused No. 1 being the firm and accused Nos, 2 to 5 being the partners therein, were transacting with the complainant and in respect of the liability, they issued a cheque hearing No. 452858 dated 31.12.2001, in favour of the complainant for L 84,99,666/- and the cheque when presented for payment, got dishonoured and, therefore, after issuance of notice as per Section 138 of N.I. Act and in view of there being no payment of the cheque amount, complaint came to be filed before the Magistrate at Bangalore, The Magistrate, after taking cognizance of the offence, recorded the sworn, statement of the complainant and thereafter issued process to the accused. Out of the 5 accused, accused No. 3 by name Kallesh G. filed Crl. P. No. 87/03 before this Court and this Court quashed the proceedings against A3 by order dated 14.2.2003 and, therefore, it is A1 and A2, A4 and A5 who have faced trial before the Magistrate. After recording the accusation from the accused persons. the complainant has examined one V.S. Nagesh as P.W. 1 and has got marked Exs. P1 to P57 in support of his case.