CHANDRASHEKAR Vs. H M NINGARAJU

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') is filed by the accused challenging the judgment and order of conviction and sentence passed by the Court of I Additional Civil Judge & JMFC, Mysuru (for short the 'Trial Court) in C.C.No.3339/2008 dtd. 27/6/2013 and the judgment and order passed by Court of V Addl. Sessions Judge, Mysuru (for short the 'Appellate Court') in Crl.A.No.201/2013 dtd. 28/7/2014.

(2.) Heard the learned counsel appearing for the parties.

(3.) Facts leading to filing of this petition as revealed from the records narrated briefly are, the respondentcomplainant had filed a private complaint under Sec. 200 of Cr.P.C., against the petitioner for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 ( for short, the 'Act') contending that the petitioner had borrowed a sum of Rs.3.00 lakhs from him in the month of May, 2008 and towards repayment of the said amount, he had issued a cheque bearing no.395136 drawn on the Mandya District Co-operative Central Bank Ltd., Arakere Branch, Mandya. When the said cheque was presented for realization, the same was dishonoured by the drawee bank with shara "Insufficient funds". The respondentcomplainant thereafter got issued a legal notice dtd. 6/9/2008 to the petitioner and in spite of service of the same, the petitioner had not paid the amount demanded in the legal notice nor had issued any reply to the said legal notice. It is under these circumstances, the respondent had filed a private complaint against the petitioner for the offence punishable under Sec. 138 of N.I. Act. In the said proceedings, after service of summons, the petitioner had appeared before the Trial Court and pleaded not guilty.