MOHAMMAD KHAJA Vs. B. NAGARAJ

JUDGEMENT

(1.) This revision petition is preferred by accused aggrieved by the order passed in Crl.A.No.5038/2015 by the III Addl. District and Sessions Judge, Ballari sitting at Hospet dated 01.04.2019 wherein the appeal filed by the petitioner herein against the judgment of conviction and order of sentence passed by Civil Judge and JMFC Court, Hadagali dated 24.08.2015 in C.C. No.684/2011 was allowed in part, remitting back the matter to trial Court to record additional evidence and to comply the provisions of Section 329 of Cr.PC. subject to depositing 50% of the fine amount i.e. Rs.2,00,000/- by accused before trial Court.

(2.) Though this petition is listed for admission, with consent of both the parties, it is taken up for final disposal.

(3.) The brief facts leading the filing of this revision petition is as under: Respondent had filed a private complaint for the offences punishable under Section 138 of Negotiable Instruments Act (for short 'NI Act') against petitioner herein as the respondent has parted a loan of Rs.2,50,000/- during the first week of January-2011 to meet out his urgent domestic expenses. Petitioner was unable to pay the loan amount within two months and on demand made by the respondent, petitioner got issued a cheque bearing No.378733 dated 28.03.2011 in favour of complainant. The said cheque was returned unpaid for the reason "Funds Insufficient", due to which respondent got issued a legal notice on 29.04.2011. Despite receipt of the legal notice, petitioner herein failed to pay the cheque amount giving rise to filing of the private complaint by respondent.