B. NANJEGOWDA Vs. K.R. MALLEGOWDA

JUDGEMENT

(1.) HEARD learned counsel for parties. There are concurrent findings of the courts below that respondent (complainant) has proved that petitioner (accused) has committed an offence punishable under Section 138 of the Negotiable Instruments Act.

(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 errors of law resulting manifest injustice to petitioner.

(3.) THE trial court as also the I -appellate court on appreciation of evidence have disbelieved the evidence of accused that he had issued the cheque as security.