AJAY GUPTA Vs. BANAKAR MANJUNATH

JUDGEMENT

(1.) This criminal revision petition is filed by the petitioner/accused under Section 397 of the Code of Criminal Procedure, 1973, for setting aside the judgment of conviction and sentence dated 07.01.2019 passed by the learned Civil Judge and JMFC, Sandur, (hereinafter referred to as the 'trial Court') in CC No.621/2016 and upheld by the learned II Additional District and Sessions Judge, Bellary (hereinafter referred to as the 'first appellate Court'), in Criminal Appeal No.9/2019 dated 30.09.2019 for having convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the *NI Act') and sentenced to undergo imprisonment for one year and to pay fine of Rs. 5,000/- in default of payment of fine, to undergo simple imprisonment for one month and ordered that accused shall pay compensation of Rs. 30,000/- to the complainant as contemplated under Section 357 of Cr.P.C.

(2.) Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) The rank of the parties before the trial Court is retained for convenience.