S.N. RAJU Vs. R. RAJU

JUDGEMENT

(1.) Heard Sri Rajanna, learned counsel representing Sri Jairaj G., learned counsel for the Revision Petitioner and Smt. K.T.Premalatha, learned counsel for the respondent and perused the records.

(2.) This Revision Petition is filed by the accused, who suffered an order of conviction in C.C.No.72/2012, on the file of the I Additional Civil Judge and JMFC, Mysore by Judgment dtd. 4/2/2013, whereby he has been convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act' for short), which was confirmed in Criminal Appeal No.71/2013, on the file of the VII Additional Sessions Judge, Mysore by judgment dtd. 12/1/2016.

(3.) Brief facts of the case are as under: A complaint came to be lodged that on 10/7/2007 accused borrowed a load of Rs.2.00 lakhs agreeing to repay the same with interest at 18% p.a. and executed a on demand promissory note and consideration receipt. The accused did not repay the amount despite repeated demands. On 6/6/2007, however, accused issued post dated cheque bearing no.449960 dtd. 10/10/2011 in a sum of Rs.3,53,000.00 in respect of the loan amount. On presentation of the cheque, it got dishonored with an endorsement 'insufficient funds'. The complainant issued a statutory notice on 22/10/2011. Though notice is duly served, there is no compliance to the callings of the notice. Hence, complainant filed a complaint against the accused for action under Sec. 138 of the NI Act.