H. MAHABALESHWARA BHAT Vs. RADHESHYAM K

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 12/7/2019 in C.C.No.156/2015 on the file of the Court of the Principal Civil Judge and J.M.F.C., Puttur, D.K. District and its confirmation judgment and order dtd. 13/10/2020 in Crl.A.No.5034/2019 on the file of the Court of the V Additional District and Sessions Judge, D.K. Mangaluru, sitting at Puttur, D.K., 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 the 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. Brief facts of the case are as under:

(3.) It is the case of the complainant that, the petitioner / accused had borrowed hand loan of Rs.2,00,000.00 from the respondent / complainant on 3/1/2014 for his necessities. It was credited through S.B. A/c.No.19071, Corporation Bank, Puttur, in the name of the petitioner. It is stated that, on 14/2/2015, again on request, the respondent paid a sum of Rs.80,000.00 by way of cash. It is stated that, the petitioner had to pay a sum of Rs.2,80,000.00 to the respondent. In lieu of the same, a cheque was issued mentioning the date as 12/5/2015. When it was presented for encashment, the respondent received a shara as "funds insufficient" and it was intimated to the petitioner. In spite of intimation having been given to the petitioner, when the petitioner did not repay the amount, a complaint was lodged before the Magistrate. The Magistrate took cognizance of the said offence.