P.PREMKUMAR Vs. VENKATESWARA HATCHERIES PRIVATE LIMITED

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 14/12/2011 in C.C.No.34889/2009 on the file of the Court of XIV Additional Chief Metropolitan Magistrate, Bangalore and its confirmation judgment and order dtd. 13/8/2015 in Crl.A.No.25001/2012 on the file of the Court of the LVII Additional City Civil and Sessions Judge at Mayo Hall Unit, Bangalore seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence punishable under Sec. 138 of Negotiable Instruments Act (for short ' N.I Act ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

(3.) It is the case of the complainant that, the complainant is a Company, which was doing the business of rearing broiler chicken, developing and maintenance of chicks upto the level adult chicken. The petitioner stated to have had a transactions with the respondent and as per the statement of accounts, the petitioner was due for a sum of Rs.13,04,054.00. To discharge the said liability, the petitioner herein stated to have issued a cheque bearing No.126975 dtd. 10/11/2008 drawn on ICICI Bank Limited, Madurai for a sum of Rs.13,04,054.00. When it was presented for encashment, it was dishonoured with a shara as 'insufficient funds'. After completing the formalities, a complaint had been filed by the respondent before the jurisdictional Magistrate.