K.RAVIKUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) In the complaint filed by the present respondent under Section 200 of Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as ' Cr.P.C .), read with Section 142 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), against the present petitioner, for the offence punishable under Section 138 of N.I.Act, the learned XVI Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as 'trial Court'), by judgment of conviction and order on sentence dated 20.11.2008, passed in C.C.No.3216/2008, convicted the petitioner for the said offence and sentenced him accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.962/2008, before the learned Presiding Officer, Fast Track Court-I, Bengaluru City, (hereinafter for brevity referred to as 'Session Judge's Court'), which also by its judgment dated 23.8.2010, while confirming the judgment of the trial Court, dismissed the appeal of the accused. Aggrieved by the same, the accused has preferred the present Revision Petition.

(2.) The summary of the case of the complainant in the trial Court is that the present petitioner had availed a housing loan from the complainant-Bank for a sum of Rs.24 lakhs on 3.10.2006. In that regard, he had executed loan documents in favour of the complainant- Bank on the same day. The said loan amount was repayable in eightyfour equal monthly installments together with accrued interest thereupon. Towards the repayment of the arrears of the installments, the accused had issued a cheque bearing No.111702, for a sum of Rs.4,50,000/-, dated 12.11.2007, drawn on Corporation Bank, Pattanagere CMC Road, Bengaluru, in favour of the complainant-Bank. When the complainant presented the said cheque for its realisation on 12.11.2007, the same came to be returned dishonoured with the Banker's endorsement "insufficient funds" on 14.11.2007. Thereafter, a legal notice was issued on 20.11.2007 by the complainant calling upon the accused/petitioner to pay the cheque amount, to which, the accused did not reply. The same constrained the complainant to institute a complaint under Section 200 Cr.P.C. in the trial Court for the offence punishable under Section 138 of N.I.Act.

(3.) Since the accused pleaded not guilty, he was tried for the alleged offence, wherein, on behalf of the complainant, one Ramaraju, an officer of the Bank, was examined as PW-1 and documents at Exs.P-1 to P-8 were marked. From the accused side, the accused got himself examined as DW-1 and got produced and marked documents at Exs.D-1 and D-2.