MAHABALA Vs. USHA

JUDGEMENT

(1.) This revision petition is filed by the accused under Sec. 397 r/w 401 of Cr.P.C challenging the judgment of conviction dtd. 21/2/2015 passed by the Court of JMFC-V, Mangaluru ('trial Court' for short) in CC No.692/2011 and confirmed by the Principal Sessions Judge, Mangaluru, ('Appellate Court' for short) in Criminal Appeal No.85/2015 vide judgment dtd. 11/3/2016.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by the parties before the trial Court.

(3.) The brief factual matrix leading to the case are that, the complainant- Smt.Usha and accused- Sri.Mahabala are acquainted with each other and as per the request of the accused, the complainant has advanced hand-loan of Rs.4,00,000.00 on 20/4/2009 for financial needs of the accused and the accused promised to repay the loan amount within six months and he had executed On-demand Promissory Note along with receipt of consideration. He has also pledged original RC Book pertaining to Maruti ALTO Car bearing No.KA.19.Z.6502. But, the accused has failed to repay the loan amount as agreed and when the complainant has demanded for repayment of the loan amount, the accused issued a cheque for Rs.4,00,000.00 and when the said cheque was presented for encashment by the complainant, it was returned with an endorsement 'Insufficient Funds'. Then the complainant got issued a legal notice to the accused and the accused replied the said notice by taking untenable defence. Hence, the complainant has lodged a complaint under Sec. 200 of Cr.P.C., alleging that the accused has committed an offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short).