H.M.VENUGOPAL Vs. SHASHIKIRAN

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 27/4/2016 in C.C.No.993/2013 on the file of the Court of the Principal Civil Judge and J.M.F.C., Mudigere and its confirmation judgment and order dtd. 25/4/2018 in Crl.A.No.85/2016 on the file of the Court of the Principal District and Sessions Judge at Chikkamagalur, has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused was convicted for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881 (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 / respondent stated to have paid Rs.1,43,000.00 on 14/6/2013 to the petitioner for his domestic necessities. In lieu of the same, it is stated that, the petitioner had issued a cheque of Rs.1,43,000.00 bearing No.074183 dtd. 29/7/2013 drawn on Syndicate Bank, Mudigere Branch. It was presented for encashment as on the date, however, it was dishonoured and returned with an endorsement as "funds insufficient" on 30/7/2013. It is further stated that, in spite of notice having been received by the petitioner, neither he replied nor repaid the amount stated in the notice. A complaint came to be lodged before the jurisdictional Magistrate. The Magistrate took cognizance and proceeded with the case.