C M MALLIKARJUNAPPA Vs. B G SHARANAPPA

JUDGEMENT

(1.) This revision is filed by the accused challenging the judgment of conviction and order of sentence passed by JMFC First Class Court at Jagalur, in C.C.No.120/2002, dtd. 2/3/2013 and confirmed by II Additional Sessions Judge, Davanagere, in Crl.A.No.33/2013, vide judgment dtd. 17/7/2015.

(2.) For the sake of convenience, the parties herein are referred with original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are as under: That on 1/7/2001, the accused approached the complainant and borrowed a hand loan of Rs.1,50,000.00 for his family necessity. It is also alleged that towards repayment of the said loan, he had issued a post dated cheque bearing No.008987, dtd. 1/8/2001 for Rs.1,50,000.00and he has also agreed to pay interest at the rate of 2% per month on the said amount. On the presentation of the said cheque, it was dishonored for insufficient of funds and inspite of issuance of legal notice, accused has not paid the cheque amount and hence, a complaint came to be lodged.