B. NARAYANASWAMY Vs. V. VENUGOPAL

JUDGEMENT

(1.) The revision petitioner has filed this petition under Sec. 397 r/w 401 of Cr.P.C . to set aside the judgment dtd. 5/10/2018 passed by LXVII Addl. City Civil and Sessions Judge, Bengaluru City, in Crl.A.No.1132/2017 and also to set aside the judgment of conviction and order of sentence dtd. 2/5/2017 passed by XVI Addl. CMM, Bengaluru City, in C.C.No.35237/2014 and consequently acquit the accused.

(2.) The parties are referred to as per their ranks before the trial court for the sake of convenience.

(3.) The brief facts of the case are that: The accused borrowed the hand loan of Rs.15.00 lakhs to meet his financial difficulties. The cash was arranged in the month of June 2012 and the accused assured to return the amount within six months. Inspite of demand, the accused has not paid the amount, but in turn issued the cheque bearing NO.011673 dtd. 6/3/2013 for the said amount drawn on ICICI Bank, Rajajinagar Branch, Bengaluru. When the cheque was presented for encashment same came to returned with an endorsement that "Account Closed" on 15/3/2015. Thereafter, complainant got issued a legal notice to the accused by RPAD on 8/4/2013 calling upon him to repay the amount of Rs.15.00 lakhs within 15 days from the date of receipt of said legal notice and same was returned with an endorsement 'door closed, intimation delivered' on 12/4/2013. Inspite of it, accused has neither replied nor has he complied with the demand. Hence, complainant has filed a complaint before the learned Magistrate.