DEVARAJU Vs. H.M. NINGARAJU

JUDGEMENT

(1.) THIS revision petition is filed challenging the judgment of conviction and order of sentence passed by the II Addl. I Civil Judge (Jr. Dn.) and JMFC, Mysore, in C.C. No. 2339/2009 confirmed by the III Addl. District and Sessions Judge, Mysore, in Crl. A. No. 58/2011, whereby the revision petitioner was found guilty of the offence under Section 138 of N.I. Act and sentenced to pay a fine of Rs. 1,51,000/ - out of which Rs. 1,50,000/ - shall be paid to the complainant as compensation of Rs. 1,000/ - to the State. Aggrieved by the judgment of conviction and sentence passed by the Trial Court and the Appellate Court, the revision petitioner filed this petition on the ground that the Trial Court as well as the Appellate Court failed to consider the evidence of the revision petitioner who has proved that the accused borrowed only Rs. 35,000/ - from the complainant and issued blank cheque to the complainant. The same was misused by the complainant and filed a complaint alleging that the accused -revision petitioner borrowed Rs. 1,50,000/ -.

(2.) FOR the sake of convenience, the parties are referred to as they are arrayed before the Trial Court.

(3.) THE Trial Court examined the complainant as PW1 and marked Exs. P1 to P7 and the accused is examined as DW1. Considering the oral and documentary evidence adduced by both the parties, the Trial Court found the accused guilty of the offence under Section 138 of N.I. Act as he issued the cheque in question towards the discharge of legally enforceable debt and also on the ground that the accused failed to rebut the presumption under Section 139 of N.I. Act. The findings of the Trial Court was confirmed by the learned Sessions Judge on the ground that the accused failed to prove that he has borrowed only Rs. 35,000/ - and issued blank cheque to the complainant, as contended by him.