JAGADEESH Vs. GOPALAKRISHNA BEEDE

JUDGEMENT

(1.) This revision petition is filed by the accused in Criminal Case No. 194 of 2009 on the file of the Civil Judge and J.M.F.C., Koppa, challenging the validity of the judgment dtd. 30/10/2013, whereby the accused was convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act') and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000.00 and Rs.37,000.00 as compensation to the complainant, which was confirmed by the I Additional District and Sessions Judge, Chikmagalur, in Criminal Appeal No.397 of 2013 by judgment dtd. 17/12/2014.

(2.) Brief facts which are necessary for disposal of the revision petition are as under:

(3.) Learned Magistrate after taking cognizance of the offence, secured the presence of the accused and plead was recorded. The accused pleaded not guilty and hence, the trial held. In order to prove the fact, the complainant examined himself as P.W.1 and got marked six documents as per Ex.P.1 to Ex.P.6. The statement of the accused as contemplated under Sec. 313 of the Cr.P.C. was recorded, wherein the accused denied all incriminating circumstances put to him. The accused also examined himself as D.W.1, but did not place any documentary evidence. The learned Magistrate on cumulative consideration of the oral and documentary evidence on record passed the following order: