J.V. ENTERPRISES Vs. M.GOVIND RAJ

JUDGEMENT

(1.) This revision petition is filed challenging the judgment of conviction and sentence dtd. 27/12/2018 passed in C.C.No.7965/2007 by the Trial Court and also the confirmation order dtd. 11/11/2019 passed in Crl.A.No.226/2019 by the Appellate Court for the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) The factual matrix of the case is that the complainant in the complaint has contended that these revision petitioners in discharge of the debt, issued cheque bearing No.515300 dtd. 5/1/2007 drawn on Vijaya Bank, N.R.Road, Bengaluru, for a sum of Rs.38,50,000.00. When the said cheque was presented for encashment on 5/1/2007, the same was dishonoured on the ground of "insufficient funds. " On receipt of the intimation, legal notice was given to the revision petitioners and he did not comply with the demand and hence complaint was filed by the complainant and the Trial Court after taking the cognizance, examined the complainant as P.W.1 and the other witness as P.W.2 and got marked the documents at Exs.P.1 to 83. On the other hand, the revision petitioner is also examined as D.W.1 and examined other four witnesses as D.W.2 to D.W.5 and got marked the documents at Exs.D.1 to 12. The Commissioner 's report is marked as Ex.C.1. The Trial Court after considering both oral and documentary evidence placed on record, including Ex.C.1, sentenced the accused to pay an amount of Rs.38,55,000.00. In default of payment of fine, the accused shall undergo simple imprisonment for a period of six months.

(3.) Being aggrieved by the said conviction and sentence, the petitioners preferred an appeal and the Appellate Court on re-appreciation of the material on record, dismissed the appeal and confirmed the judgment of conviction and sentence. Hence, the present revision petition is filed before this Court.