A.S. Bopanna JUDGMENT
A.S. Bopanna, J.
1. The Appellant is before this Court assailing the common order dated 01.12.2009 in Criminal Revision Petition No. 1282/2006 connected with Criminal Revision Petition No. 1481/2006 passed by the High Court of Karnataka. Through the said order the learned Single Judge has allowed Criminal Revision Petition No. 1282/2006 filed by the Respondent herein. The Criminal Revision Petition No. 1481/2006 filed by the Appellant herein has been dismissed. Consequently, the conviction of the Respondent, ordered by the learned Judicial Magistrate and affirmed by the learned Session Judge is set aside.
2. The case of the Appellant is that the Respondent who was known to him for the past few years approached the Appellant and informed that due to his financial difficulty he intends to sell the house situate in Sirsi town. The Appellant agreed to purchase the same for the negotiated total sale consideration of Rs. 4,00,000/- (Rupees four lakhs only). An agreement dated 06.06.1996 was executed by the Respondent while receiving the advance amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand only). Subsequently, when the Appellant made certain enquiries, he learnt that the house stood in the name of the father of the Respondent and the Respondent did not have the authority to sell the same. In that view, the Appellant demanded the return of Rs. 3,50,000/- (Rupees three lakhs fifty thousand only) which he had paid as the advance amount. The Respondent instead of paying the entire amount, issued a cheque dated 17.05.1998 for the sum of Rs. 1,50,000/- (Rupees one lakh fifty thousand only) being part of the amount. The Appellant presented the cheque for realisation on 20.05.1998 when it came to be dishonoured with the endorsement 'insufficient funds'.
3. The Appellant therefore got issued a notice informing the Respondent about the cheque being dishonoured and also demanding payment of the cheque amount. The Respondent, though received the notice, failed to respond to the same. In that view, the Appellant filed a complaint Under Section 200 of the Code of Criminal Procedure (for short 'CrPC') on 14.07.1998 in the Court of the Judicial Magistrate, First Class (for short 'JMFC') at Sirsi which was registered as Criminal Case No. 790/2000. Through the said complaint the Appellant sought prosecution of the Respondent Under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act'). The learned JMFC after providing opportunity to both the parties convicted the Respondent through the judgment dated 09.06.2005 for the offence punishable Under Section 138 of the N.I. Act; sentenced the Respondent to undergo simple imprisonment for six months and to pay the fine of Rs. 2,00,000/- (Rupees two lakhs only). In default of payment of the fine amount, the Accused was ordered to undergo simple imprisonment for a further period of three months. Out of the fine amount, Rs. 1,95,000/- (Rupees one lakh ninety-five thousand only) was ordered to be paid to the Appellant as compensation.
4. The Respondent herein claiming to be aggrieved by the said judgment dated 09.06.2005 pa........