JEFFRY Vs. SHANTHI

JUDGEMENT

(1.) This petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C, praying to call for the records and set aside the judgment of conviction and order on sentence dtd. 20/2/2018 in C.C. No. 54261/2014 passed by the LVII Additional ACMM, Bengaluru and the judgment and order dtd. 29/11/2018 in Criminal Appeal No. 25038/2018 passed by the IV Additional City Civil and Sessions Judge, Bengaluru and grant such other relief as deems fit in the facts and circumstances of the case.

(2.) Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent.

(3.) The factual matrix of the case of the complainant is that the accused/revision petitioner has sought financial assistance of Rs.2,00,000.00 on 23/1/2014 for his domestic problem and business. The complainant advanced a sum of Rs.2,00,000.00 in cash on 24/1/2014. The accused assured to repay the said amount within a month and issued a cheque. When the cheque was presented, the same was returned with an endorsement as "Insufficient Funds". Thereafter, a legal notice was issued to the accused. In spite of service of notice, the accused failed to comply with the notice and not come forward to pay the cheque amount. Hence, a private complaint was filed and cognizance was taken.