T.G.RAMAMURTHY Vs. RAMANJINAPPA

JUDGEMENT

(1.) This criminal revision petition is filed by the accused challenging the judgment and order of conviction and sentence dtd. 7/5/2014 passed by the XVIII Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.28496/2000 and the judgment and order dtd. 23/12/2014 passed by the Fast Track Court-V, Bengaluru, in Crl.A.No.558/2014.

(2.) Heard the learned Counsel for the parties and also perused the material available on record.

(3.) Facts leading to filing of this revision petition narrated briefly are, the respondent-complainant had filed a private complaint against the petitioner under Sec. 200 Cr.PC for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), contending that the petitioner had borrowed a sum of Rs.2,25,000.00 from the respondent for the purpose of constructing a building. Towards discharge of the said amount of Rs.2,25,000.00, the petitioner had issued a cheque on 11/10/1999 in favour of the respondent for the aforesaid amount of Rs.2,25,000.00, and on presentation of the said cheque for realization, the same was dishonoured with a banker's endorsement 'funds insufficient'. The complainant, thereafter, issued legal notice in compliance of Sec. 138(b) of the Act and since the petitioner had failed to pay the amount covered under the cheque in question inspite of service of notice, a private complaint was filed against the petitioner for the offence under Sec. 138 of the Act.