K.B.ANANDA Vs. K.S.NAGARAJU

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 Cr.P.C. is filed challenging the judgment and order of conviction and sentence passed by the court of JMFC (III Court), Mysuru in C.C.No.948/2015 dtd. 8/6/2018 and the judgment and order dtd. 7/11/2018 passed by the Court of III Addl. District and Sessions Judge, Mysuru in Crl.A.No.137/2018.

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

(3.) Brief facts of the case as revealed from records that may be necessary for the purpose of disposal of this revision petition are The complainant had filed a private complaint under sec. 200 Cr.P.C. before the Court of Judicial Magistrate First Class, (III Court), Mysuru against the petitioner herein for the offence punishable under Sec. 138 of N.I.Act contending that the petitioner had borrowed a sum of Rs.5.00 lakhs and a sum of Rs.4.00 lakhs respectively from the complainant for the purpose of his family necessities and he had agreed to repay the same with interest. The petitioner had thereafter issued two cheques dtd. 2/12/2014 and 10/12/2014 respectively for a sum of Rs.6,72,500.00 and Rs.4,66,000.00 in favour of the respondent-complainant towards repayment of the loan amount borrowed by him. The said cheques on presentation for realization were dishonoured with the banker's endorsement "Funds Insufficient". After receipt of said bankers endorsement, the respondent - complainant got issued a statutory notice to the petitioner through RPAD, which was not claimed by the petitioner. Thereafter the respondent had filed a private complaint before the trial court.