M.S. PRABHAKARA Vs. BHAGYAMMA

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') is filed by the accused challenging the judgment and order of conviction and sentence passed by the Court of Addl. Civil Judge & JMFC, Chikkaballapura (for short the 'Trial Court) in C.C.No.312/2005 dtd. 28/2/2013 and the judgment and order passed by Court of Principal District & Sessions Judge, Chikkaballapura (for short the 'Appellate Court') in Crl.A.No.36/2013 dtd. 25/7/2014.

(2.) Heard the learned Amicus Curiae appearing for the petitioner and learned counsel appearing for the respondent.

(3.) Facts leading to filing of this revision petition narrated briefly are, the respondent-complainant had filed a private complaint before the trial court under Sec. 200 of Cr.P.C against the petitioner herein for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, ' N.I. Act ') contending that the petitioner had borrowed a sum of Rs.5.00 lakhs from the respondent-complainant and towards repayment of the same he had issued a cheque bearing number No.SB/AA 2K 1429923 dtd. 21/7/2004 for a sum of Rs.5.00 lakhs drawn on Kalpatharu Grameena Bank, Devanahalli Branch, in favour of the complainant. The said cheque on presentation for realization was dishonoured with bankers endorsement 'funds insufficient'. The complainant thereafter got issued a legal notice to the petitioner and on receipt of the same, the petitioner had issued a reply to the same denying any transaction with the respondent. It is under these circumstances, the respondent - complainant had filed a private complaint against the petitioner for the offence punishable under Sec. 138 of N.I. Act. In the said proceedings, the petitioner had appeared before the trial court and pleaded not guilty.