MUNIYAPPA Vs. S.N. NARENDRA BABU

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 21/2/2013 in C.C.No.548/2008 on the file of the Court of the Additional Civil Judge and J.M.F.C., Chikkaballapur and its confirmation judgment and order dtd. 10/10/2014 in Crl.A.No.39/2013 on the file of the Court of Principal District and Sessions Judge at Chikkaballapur, has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused was convicted for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short ' NI Act ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the complainant that, the petitioner herein had borrowed a sum of Rs.3,58,038.00 for his business, legal necessities and family benefit. It is stated that, at the time of borrowing the loan, the petitioner herein had issued a cheque bearing No.351374 dtd. 16/5/2008 of ING Vysya Bank, Chickballapur Branch. When it was presented for encashment, the same came to be dishonoured with a shara "funds insufficient". A complaint was filed after following the due process.