RAJANNA Vs. LOKESH B.

JUDGEMENT

(1.) This revision petition is filed under Ss. 397 and 401 of Cr.P.C. challenging the judgment of conviction and order of sentence dtd. 24/3/2017 passed by the 22nd ACMM, Bengaluru City, in CC No.18223/2016 and confirmed by the 68th Additional City Civil and Sessions Judge, Bengaluru City, in Criminal Appeal No.567/2017 vide judgment dtd. 21/4/2018.

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

(3.) The brief factual matrix leading to the case are that, the complainant and accused are friends and in the second week of January 2016 the accused had approached the complainant for financial assistance of Rs.2,30,000.00 for construction of the house on the site standing in the name of his wife Smt.Sundaramma, with an assurance to repay the same within three months. The complainant has paid the amount by way of hand on 18/1/2016 and in that regard, the accused has executed an On-demand Promissory Note with Consideration Receipt. The accused did not repay the loan amount within three months as agreed and on a demand for repayment of the said loan amount by the complainant, the accused issued a cheque under Ex.P1 dtd. 31/5/2016 and when he said cheque was presented to the bank for encashment, the same was dishonoured for Insufficient Funds. Hence, the complainant has issued a legal notice to the accused and the legal notice was served on the accused, but, he did not respond. Hence, a complaint came to be lodged.