RAVIKUMAR Vs. SHANTHAMMA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of conviction and sentence dated 9.7.2009 in C.C. No. 2243/06 passed by the JMFC -II, at Davanagere and confirmed in Crl. A. No. 71/09 vide judgment dated 20.02.2010 passed by the Addl. District and Sessions Judge, Davanagere. The respondent filed a private complaint against the petitioner in PCR No. 546/06 for the offences punishable under Section 138 of Negotiable Instruments Act. The jurisdictional Magistrate registered the case and after hearing had taken cognizance in C.C. No. 2243/06. The cheque amount is Rs. 1,30,000/ -. Before the Trial Court the respondent examined himself as PW -1 and got marked Ex. P -1 to P -8. The petitioner failed to cross examine PW 1 despite grant of several opportunities and no evidence is adduced on his side. On appreciation of the available material on record the trial Court passed the impugned judgment convicting the petitioner and sentencing him to pay fine of Rs. 2,000/ - and compensation of Rs. 1,65,000/ -. Aggrieved this order of the trial court, the petitioner filed an appeal before the Lower Appellate Court in Crl. A. No. 71/09 and the same came to be dismissed under the impugned judgment dated 20.02.2010. Hence, this revision petition.

(2.) HEARD arguments on both the side and perused the entire revision papers.