K. DAMODARAN Vs. M. SHIVARAMAREDDY

JUDGEMENT

(1.) This revision petition is filed by the accused under Sec. 397 read with Sec. 401 of Code of Criminal Procedure, 1973 challenging the judgment of conviction and order of sentence passed by Senior Civil Judge and Principal JMFC, KGF in C.C.No.260/04 and confirmed by Principal Sessions Judge, Kolar, in Crl.A.No.7/12 vide judgment dtd. 31/1/2015.

(2.) For the sake of convenience, the parties herein are referred to the original ranking occupied by them before the trial court.

(3.) The factual matrix leading to filing of the case are that the accused has approached the complainant on 5/5/2003 and availed a loan amount of Rs.1,75,000.00 for payment of his personal debt. He has also issued a cheque dtd. 5/5/2003 drawn on Syndicate Bank, Robertsonpet, KGF in discharge of the said debt. The complainant has presented the said cheque on 16/6/2003 and the said cheque returned with an endorsement that 'signature differs from specimen signature available in the office'. The complainant has got issued a legal notice under registered post and accused has refused the same and hence, a complaint was lodged by the complainant. On the basis of this complaint, the learned Magistrate has taken cognizance and issued process against the accused. The accused has appeared through his counsel and he was enlarged on bail. He has also denied the accusation.