KHALEEL KHAN P Vs. SHANKARAPPA

JUDGEMENT

(1.) This Criminal Revision Petition filed under Sec. 397 and 401 of the Cr.P.C, is by the accused challenging his conviction and sentence imposed by the trial Court in CC.No.601/2017 for the offence punishable under Sec. 138 of N.I.Act, which came to be confirmed by the Sessions Court in Crl.A.No.51/2021. The trial Court sentenced the accused to pay fine of Rs.6.00 lakhs in default to undergo simple imprisonment for six months. Out of the fine amount realized, the trial Court has directed that Rs.5,95,000.00 to be paid to the complainant by way of compensation.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) Complainant filed a private complaint under Sec. 200 Cr.P.C against the accused, alleging offence punishable under Sec. 138 of N.I. Act, contending that he and accused are well known to each other. On 11/7/2017, accused for the purpose of repaying loan taken for construction of his house requested for loan of Rs.5.00 lakhs. Complainant agreed for the same and on the same day advanced loan of Rs.5.00 lakhs. In this regard accused executed a demand Promissory Note-cumConsideration Receipt, agreeing to repay the same with interest at 2% p.a.