M.T. DAMODARA Vs. K.P. CHANDRAKALA

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of Additional Civil Judge & JMFC, Somwarpet (for short the 'Trial Court) in C.C.No.176/2010 dtd. 8/8/2012 and the judgment and order passed by Sessions Judge, Kodagu, Madikeri (for short the 'Appellate Court') in Crl.A.No.54/2012 dtd. 19/7/2013.

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

(3.) Facts leading to filing of this petition as revealed from the records narrated briefly are, the respondent- complainant had filed a private complaint under Sec. 200 of Cr.P.C., against the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 ( for short, ' N.I. Act ') alleging that the petitioner had issued a cheque bearing no.16908 dtd. 30/6/2009 in her favour in the month of May, 2009 drawn on Vyavasaya Seva Sahakara Bank Niyamitha, Igooru (for short 'Bank') for discharge of his legally recoverable debt. The said cheque on presentation for the offences punishable under Sec. realization was dishonoured with shara "Insufficient funds". The respondent thereafter got issued a legal notice to the petitioner on 19/7/2009 and the said notice was duly served on the petitioner. On receipt of the same, the petitioner had given a reply stating that cheque in question which was given by the petitioner to the Bank towards security of loan borrowed was misused by the respondent in collusion with the Chairman of the Bank and therefore, he was not liable to pay amount covered under cheque. The respondent thereafter filed a private complaint against the petitioner for the offence punishable under Sec. 138 of N.I. Act. In the said proceedings, after service of summons, the petitioner had appeared before the Trial Court and pleaded not guilty.