USMAN Vs. ABDHUL KHADAR

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 r/w. 401 of Cr.P.C . challenging judgment of conviction and order of sentence dtd. 2/7/2014 passed by the JMFC-II Court, Shivamogga, in CC No.2260/2010 and confirmed by the III Additional Sessions Judge, Shivamogga, in Criminal Appeal No.112/2014 vide judgment dtd. 6/8/2016.

(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-Abdul Khader was doing fruit business near bus stand at Shivamogga and the accused- Usman @ Suben S. Sharfuddin borrowed a sum of Rs.3.00 Lakhs for the purpose of Mango Fruits business by getting lease contract of Mango Groove during the year 2009. It is alleged that, for the discharge of the said debt, he has issued a cheque for Rs.3.00 Lakhs drawn on Vijaya Bank, Tarikere and when the same was presented, it was dishonoured with an endorsement of 'Account Closed'. Then the complainant has lodged complaint under Sec. 200 of Cr.P.C. alleging that the accused has committed offence under Sec. 138 of the Negotiable Instruments Act (for short, ' N.I. Act '). On the basis of the complaint, after recording sworn statement and after appreciating the oral and documentary evidence, the learned Magistrate has taken cognizance of the offence and issued process against the accused and the accused has appeared through his counsel and was enlarged on bail. He has also denied accusation.