H.N.NAVEEN KUMAR Vs. USHADEVI

JUDGEMENT

(1.) This revision petition is preferred by the accused against the concurrent findings recorded by the Courts below, whereby he was convicted for an offence punishable under Sec. 138 of N.I. Act by the trial Court which was confirmed by the Appellate Court.

(2.) The case of the complainant is that the accused borrowed a hand loan of Rs.7,60,000.00 for his urgent financial necessity, by promising that he will repay the same in three installments. He issued three cheques for repayment of the same, amongst which the cheque involved in this case bearing No.585847 dtd. 30/5/2016 for a sum of Rs.2,60,000.00 drawn on Canara Bank, was dishonoured for funds insufficient in the account of the accused.

(3.) The trial Court considering the oral and documentary evidence on record, convicted the accused for the offence punishable under Sec. 138 of N.I. Act and sentenced him to pay a fine of Rs.3,00,000.00 in default, to undergo S.I for a period of three months. Out of the fine amount a sum of Rs.2,90,000.00 was ordered to be paid to the complainant by way of compensation. The appellate Court dismissed the appeal preferred by the accused vide judgment dtd. 8/1/2019 in Criminal Appeal No.51/2018.