S. RANGASWAMY Vs. G. NATRAJAN

JUDGEMENT

(1.) This revision is filed by the accused under Sec. 397 r/w 401 of Cr.P.C . challenging the judgment of conviction and order of sentence passed by XIII ACMM, Bangalore in CC.No.26217/2011 and confirmed by LXVI Additional City and Sessions Judge, Bangalore, in Crl.A.No.1091/2014 vide judgment dtd. 17/4/2015.

(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 accused having knowledge that the complainant has received retirement benefits of Rs.8,00,000.00 he along with his wife approached the complainant for financial assistance of Rs.1,00,000.00 with a promise to repay the same with interest within five months. The complainant on the same date advanced Rs.1,00,000.00 to accused and wife of the accused had issued a cheuqe for Rs.1,00,000.00 dtd. 6/4/2014. When the said cheque was presented it bounced for insufficient of funds. Hence, complainant had issued a legal notice to the wife of accused. Then accused has approached the complainant and paid Rs.30,000.00 and issued a cheque bearing No.238 for Rs.70,000.00 dtd. 3/1/2011. But when the said cheque was presented it was also bounced and when a legal notice came to be issued it was not replied. Hence, the complaint was lodged for the offence under Sec. 138 of NI Act.