VINODA B. Vs. PANCHAMI FINANCE

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 31/8/2013 in C.C.No.1112/2008 on the file of the Court of the J.M.F.C. (IV Court), Mangalore and its confirmation judgment and order dtd. 6/1/2015 in Crl.A.No.325/2013 on the file of the Court of the II Additional District and Sessions Judge, D.K., Mangalore, 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 offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short ' N.I. Act ').

(2.) It is the case of the complainant that, the petitioner / accused stated to have borrowed hand loan of Rs.90,000.00 from the respondent / complainant. In lieu of the same, the petitioner issued a cheque dtd. 21/8/2006 for the said sum. When it was presented for encashment, it was dishonoured for the reason of 'insufficient funds'. Notice was sent to the petitioner herein on 19/9/2006, though it was served, neither replied nor repaid the amount. Hence, the complaint was filed against the petitioner herein.

(3.) To prove the case of the complainant, the partner of the complainant / Finance Company was examined as PW.1 and got marked Exhibits P1 to P11. On the other hand, the petitioner / accused has not led any evidence. The Trial Court after appreciating the oral and documentary evidence on record, convicted the petitioner for the offence stated supra. Being aggrieved by the same, the petitioner preferred an appeal before the Appellate Court, the Appellate Court confirmed the judgment of conviction rendered by the Trial Court. Being aggrieved by the same, the petitioner has preferred this revision petition seeking to set aside the concurrent findings.