VIJAYJEEVAN RICHSTAAR Vs. VENKATESH

JUDGEMENT

(1.) This revision petition is filed by the accused under Sec. 397 of Cr.P.C. challenging the judgment of conviction and order of sentence dtd. 11/7/2013 passed by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in CC No.27393/2011 convicting the accused for the offence punishable under Sec. 138 of N.I. Act and confirmed by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, in Criminal Appeal No.25092/2013 vide judgment dtd. 27/8/2015.

(2.) For the sake of convenience, the parties herein are referred as per the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, the complainant-Venkatesh and accused- Vijay are known to each other from past several years and the complainant was running two wheeler garage, and the accused used to get his vehicle serviced in the garage of the complainant. It is alleged that the accused borrowed a sum of Rs.5,00,000.00 from the complainant to meet his financial crunch with an assurance to repay the same at the earliest and towards discharge of the said debt, he issued a cheque dtd. 22/12/2009 for Rs.5,00,000.00. On presentation of the cheque, it was dishonoured with an endorsement 'Account Closed'. Then the complainant got issued a legal notice and in spite of service of notice, the accused has failed to repay the loan amount and hence the complainant has failed a complaint.