T. BABU VIJENDRA Vs. RAMESHA

JUDGEMENT

(1.) The petitioner is an accused in the Court of learned XVI Additional Chief Metropolitan Magistrate, Bangalore City (hereinafter referred to as 'the Trial Court) in C.C. No.2087/2009 who was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act ').

(2.) The summary of the case of the complainant in the Trial Court was that the accused was well-known to him, that on 10.05.2008, the accused took a handloan of a sum of Rs. 1,50,000/- from him for improvement of his business. The accused agreed to repay the said amount within four months. At the demand made by the complainant after the lapse of the agreed period, the accused, towards return of the handloan, issued a cheque for a sum of Rs. 1,50,000/- in favour of the complainant. The said cheque when presented for realisation was returned unpaid by the banker with the shara 'funds insufficient'. Thereafter the complainant issued a notice both under 'registered post' as well under 'certificate of posting' to the accused demanding the repayment of the cheque amount. Since the accused failed to meet the demand, the complainant was constrained to institute the complaint under Section 200 of the Code of Criminal Procedure.

(3.) Aggrieved by the Judgment of the Trial Court, the accused preferred an appeal in the Court of the City Fast Track (Sessions) Judge, Bangalore City(F.T.C. No.VI)(for brevity, hereinafter referred to as 'the Court of appeal') in Crl.A. No.701/2010. The said Court, by its Judgment dated 11.02.2011 while confirming the Judgment of conviction passed by the Trial Court, dismissed the appeal. Aggrieved by the same, the accused has preferred this revision petition.