B.C. RAVIKUMAR Vs. SHANKARA MURTHY

JUDGEMENT

(1.) THERE are concurrent findings of the courts below that petitioner (accused) has committed an offence punishable under Section 138 of the Negotiable Instruments Act. I have heard Sri. Sabarish Gandhi, learned counsel for petitioner (accused) and Sri. B. Pramod, learned counsel for respondent (complainant).

(2.) THIS court while exercising revisional jurisdiction under Section 401 Cr.P.C., does not sit as a court second appeal. This court can interfere with the impugned judgment if the courts below have committed glaring errors in appreciation of evidence or appreciation of law.

(3.) THE complainant initiated a complaint under Section 138 of the Negotiable Instruments Act. The learned trial judge on appreciation of evidence has held that accused had issued the cheques to discharge the legally recoverable liability, therefore, held the accused guilty of an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to pay fine of Rs. 12,00,000/ - and awarded compensation of Rs. 11,65,000/ - to the complainant. Thereafter, the complainant was before the I -appellate court. The learned judge of the I -appellate court on reappreciation of evidence has confirmed the findings of the trial court.