H.B. MANJUNATH Vs. G. SHANMUKHAPPA

JUDGEMENT

(1.) This revision is filed by the accused under Sec. 397 read with Sec. 401 of Criminal Procedure Code, 1973 (' Cr.P.C .' for short) challenging the judgment of conviction and order of sentence passed by Principal Senior Civil Judge and CJM, Davanagere in C.C.No.275/2012 and confirmed by II Additional Sessions Judge, Davanagere in Crl.A.No.121/2014 vide judgment dtd. 27/6/2015.

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

(3.) The brief factual matrix leading to the case are that on 1/2/2009, accused approached the complainant for a hand loan of Rs.1,50,000.00 for his legal necessity and he received the same on the said day. It is also asserted that accused had issued a post dated cheque dtd. 1/6/2009 towards re-payment of the said debt and when on 10/6/2009, the said cheque was presented, it was returned with an endorsement as 'insufficient of funds'. As accused did not respond, the complainant has got issued a legal notice to the accused and the notice was served but accused did not repay the loan amount. Hence, he filed a complaint under Sec. 200 of the Cr.P.C alleging that the accused has committed an offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 ( ' N.I. Act ' for short).