MANJEGOWDA.G.V Vs. B.M.YASHODHA

JUDGEMENT

(1.) The petitioner was the accused in the Court of learned I Addl. Civil Judge and JMFC, Chikkamagaluru (hereinafter referred to as 'the Trial Court) in C.C. No. 1465/2006 who was tried for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act').

(2.) Summary of the case of the complainant in the Trial Court is that on 10/10/2005, the accused in order to purchase some land availed a loan of ?1,50,000/- from the complainant. Towards the repayment of the said loan amount he issued a cheque bearing No.46900 dtd. 15/2/2006 for a sum of ?l,50,000/-, drawn on Chikmagalur Pattana Sahakara Bank Niyamita, Chikmagalur, in favour of the complainant. The said cheque when presented for its realisation by the complainant through her banker returned with the banker's endorsement as " not arranged for ". Thereafter the complainant got issued a legal notice to the accused demanding the payment of the cheque amount. However, the accused did not pay the cheque amount which constrained the complainant to institute a criminal case against him in the Trial Court for the offence punishable under Sec. 138 of the N.I. Act. Since the accused pleaded not guilty, the trial was held wherein the complainant got herself examined as PW-1 and got marked documents from Exs.P1 to P5. The accused got himself examined as D.W.1 and also examined one Sri Siddegowda as D.W.2 but did not produce any documentary evidence on his behalf. The Trial Court, after hearing arguments from both side and considering the material on record, by its impugned Judgment of conviction and Order on sentence, convicted the accused for the offence punishable under Sec. 138 of the N.I. Act and sentenced him accordingly.

(3.) Aggrieved by the Judgment of the Trial Court, the accused preferred an appeal in the Court of learned I Addl. Sessions Judge at Chikkamagaluru (for brevity, hereinafter referred to as 'Sessions Judge's Court') in Crl.A.No.334/2013. Learned Sessions Judge, by Judgment dtd. 17/11/2015 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.