UMESH R.S. Vs. BHARATHI

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with 401 of Cr.PC is filed challenging the judgment and order dtd. 5/9/2014 passed by the Court of Civil Judge & JMFC, Turuvekere, in C.C.No.133/2012 and the judgment and order dtd. 30/1/2015 passed by the Court of V Addl. District & Sessions Judge, Tiptur, in Crl.A.No.10032/2014.

(2.) Heard the learned Counsel for the petitioner and also perused the material available on record.

(3.) Facts leading to filing of this revision petition as revealed from the records are, the respondent-complainant had filed a private complaint against the petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') before the Trial Court alleging that the petitioner had borrowed a sum of Rs.50,000.00 from her and towards repayment of the said amount, he had issued a cheque bearing No.003638 dtd. 29/8/2011 drawn on Tumkur District Co-operative Central Bank Ltd., Tumkur, Turuvekere Branch, in her favour, and on presentation of the said cheque, the same was dishonoured with banker's endorsement 'funds insufficient'. Thereafter, the complainant got issued a statutory notice to the petitioner on 7/9/2011 through RPAD and speed post and the notice sent through speed post was served on the petitioner. However, the petitioner neither replied to the said notice, nor complied with the demand made therein. It is under these circumstances, the complainant had lodged the complaint against the petitioner for the offence punishable under Sec. 138 of the Act.