SHASHIDHAR CHANNMALLAPPA AGASAR Vs. PUNDALIK

JUDGEMENT

(1.) This matter is listed for admission this day and also it was l isted on 2.3.2020 and the matter was cal led twice on 2.3.2020 and there was no representation. However this Court has given one more opportunity to the petitioner's counsel to place the material for having deposited 50% of the amount, vide order dated 23.7.2018 and also the order dated 13.8.2019 and no material is placed before the Court and also the counsel is continuously absent before this Court.

(2.) On a perusal of the records, it discloses that proceedings under section 138 of the Negotiable Instruments Act was initiated against this revision petitioner and the complainant in order to substantiate the case, examined as PW.1 and also accused examined himself as DW.1. The trial Court in C.C.No.674/2017 having considered both oral and documentary evidence and also particularly the admission made by the accused, came to the conclusion that the complainant made out the case and convicted the accused for the of fence punishable under section 138 of the Negotiable Instruments Act.

(3.) Being aggrieved by the said judgment of conviction, the accused has preferred Crl .A.No.16/2018. The first appel late Court also considered the records and on re-appreciation of the evidence available on record, concurred with the judgment of conviction. Being aggrieved by the concurrent finding of both the trial Court and as well as the f irst appel late Court, the present revision petition is f i led.