K.GANGADHAR Vs. R.SUNIL

JUDGEMENT

(1.) The revision petitioner/accused has filed this revision under Section 397 read with 401 of Cr.PC., for setting aside the judgment of conviction and order of sentence passed by the Principal Civil Judge and JMFC, Belllary (for short, 'trial Court ') in CC No.157/2007 dated 09.04.2012 and confirmed by the judgment dated 31.08.2013 in Criminal Appeal No.54/2012 by II Additional Sessions Judge, Bellary ( for short, 'Sessions Court/Judge ') and prayed for allowing the revision by acquitting him of the charges levelled against him under Section 138 of the Negotiable Instruments Act, 1881 ( for short, 'N.I. Act ').

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

(3.) The brief factual matrix leading to the case is that, the complainant and accused are acquainted with each other and the accused has availed hand loan of Rs.1,00,000/- from the complainant for his family and business purpose and the accused promised to pay the amount within three months to the complainant. But, he failed to repay the said loan and after repeated requests, the accused has issued a cheque for Rs.1,00,000/- dated 10.11.2006 drawn on Bank of Maharashtra at Hospet and when the said cheque was presented, it was bounced on instructions of 'Stop Payment '. The complainant has issued a legal notice to the accused and though the legal notice is served, the accused has neither paid the cheque amount nor replied to the statutory legal notice and hence, the complainant claims that he was compelled to lodge a complaint under Section 200 of Cr.PC., against the accused for the offence punishable under Section 138 of the N.I. Act