SHIVARAJ Vs. A. JOHNSON RAVI

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 of Cr.PC is filed by the accused challenging the judgment and order of conviction and sentence dtd. 3/3/2014 passed by the XIV Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.26176/2012, and the judgment and order dtd. 24/1/2015 passed by the Fast Track Court-III, Mayohall, Bengaluru, in Crl.A.No.25053/2014.

(2.) Heard the learned Amicus Curiae appearing on behalf of the petitioner and the learned Counsel appearing on behalf of the respondent.

(3.) Facts leading to filing of this revision petition narrated briefly are, the petitioner allegedly had entrusted some civil and interior work of his house to the respondent-complainant and in this regard, he was due to pay a sum of Rs. 13.00 lakhs to the respondent. Towards payment of the said amount, the petitioner initially had agreed to sell his vacant land to the respondent-complainant, but later on, he had changed his mind and had repaid the amount due by issuing cheque bearing No.898915 dtd. 4/4/2011 for a sum of Rs. 13.00 lakhs drawn on Vijaya Bank, Mylanahalli Branch, Bengaluru, in favour of the respondent. The said cheque on presentation for realization was dishonoured by the drawee bank with an endorsement 'funds insufficient'. The complainant, thereafter, got issued a legal notice dtd. 6/6/2011 which was duly served on the respondent on 18/6/2011. However, inspite of service of notice, the petitioner did not pay the amount covered under the cheque in question, but issued a reply as per Ex.P-13. It is under these circumstances, the respondent had approached the Trial Court by filing a private complaint against the petitioner under Sec. 200 Cr.PC for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act').