M.G. RAJU Vs. H.T. RAVINDRA KUMAR

JUDGEMENT

(1.) Present revision petition is by the accused who was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act '), by the learned II Addl. Civil Judge & JMFC, Hassan in C.C. No.1131/2000 by its impugned Judgment of conviction and Order on sentence dated 16.10.2012. He preferred an appeal challenging his conviction, in Criminal Appeal No.154/2012 in the Court of learned Additional Sessions Judge and the Presiding Officer, Fast Track Court - I at Hassan (for brevity, 'Sessions Judge 's Court ') which Court by its impugned Judgment dated 19.03.2013 dismissed the appeal confirming the Judgment passed by the Trial Court in C.C. No.1131/2000 dated 16.10.2012. Aggrieved by the same, the accused has preferred the present revision petition.

(2.) The present respondent has been the complainant in the Trial Court. The summary of the case of the complainant in the Trial Court is that the accused being known to him had availed a loan of Rs.18,000/- from him on 03.02.1996 to meet the expenses of his sister 's marriage. Though he had agreed to repay the loan amount within eight months, but he did not repay the said loan. However, towards the repayment of the loan, he issued a cheque to the complainant, bearing No.755481 dated 05.10.1996 drawn on State Bank of India, Hassan Branch. When the said cheque was presented by the complainant through his banker, the same came to be returned with the banker 's endorsement "payment stopped by drawer ".

(3.) In spite of service of notice upon the respondent, he has remained unrepresented.