KHASIM S/O. B. MOHAMMED Vs. B.SHASHIDHAR

JUDGEMENT

(1.) This revision petition is filed under Section 397 read with Section 401 of Cr.P.C., challenging the judgment of conviction and order of sentence dated 05.04.2012 passed in C.C.No.27/2012 by the Principal Senior Civil Judge and JMFC., Hosapete, which is confirmed in Criminal Appeal No.50/2012 vide order dated 30.08.2012 by the Fast Track Court-III, Hosapete and prayed for allowing this revision petition by setting aside the judgment of conviction and order on sentence by acquitting the revision petitioner- accused.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief facts leading to the case are that the complainant has filed a complaint under Section 200 of Cr.P.C., against the accused for the offence punishable under Section 138 of the N. I. Act. It is the case of the complainant that he is well conversant with the accused and accused is doing ore trading business and he offered the complainant to load the materials and thereby requested him to pay Rs.1,60,000/- as advance. Thereafter, the complainant has paid Rs.1,60,000/- to the accused. But the accused has failed to supply the materials and ultimately issued a cheque for Rs.1,53,000/- dated 15.01.2011 drawn on ICICI Bank, Hosapete. When the said cheque was presented for collection, it was dishonoured for the reason "insufficient funds " and legal notice came to be issued to the accused. But in spite of service of notice, the accused neither replied to the notice nor repaid the cheque amount and thereby the complainant claims to have filed a private complaint. Then the learned Magistrate after taking cognizance recorded the sworn statement of the accused and issued process. The accused appeared before the learned Magistrate and was enlarged on bail. He has denied the accusations made against him for the offence punishable under Section 138 of the N. I. Act. Then the complainant got examined himself as PW1 and placed reliance on seven documents, marked at Ex.P1 to Ex.P7. After conclusion of the evidence, the statement of the accused under Section 313 of Cr.P.C., came to be recorded to enable the accused to explain the incriminating evidence appearing against him in the case of the prosecution. The case of the accused is of total denial. However, he has contended by way of defence that he has repaid the said amount and during the course of cross-examination of PW1 he got marked Ex.D1. He has also got examined himself as DW1.