SADANAND BALARAM MULE Vs. SHARA FINANCE & INVESTMENTS

JUDGEMENT

(1.) Revision petitioner/accused feeling aggrieved by the judgment of first Appellate Court on the file of I Addl. District and Sessions Judge, U.K., Karwar, sitting at Sirsi, in Crl.A.No.74/2014 dtd. 26/7/2017, preferred this revision petition.

(2.) Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of complainant can be stated in nutshell to the effect that accused is customer of complainant-finance and availed loan facility from the said finance. Accused for lawful discharge of debt issued cheque bearing No.270491 dtd. 27/10/2010 drawn on account maintained by him in KDCC Bank, Haliyal, under account No.102. Complainant presented the said cheque for encashment through his banker Corporation Bank, Haliyal and the same was returned with an endorsement 'insufficient funds' dtd. 1/12/2010. Complainant issued demand notice dtd. 3/12/2010. The same is duly served to accused on 4/12/2010. Accused inspite of service of demand notice has neither replied to the notice nor paid the amount as called upon in the demand notice. Therefore, complaint is filed on 5/1/2011 for taking appropriate legal action against accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I.Act').