S. P. RAJKUMAR Vs. M. J. PRABHAKAR

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 19/2/2015 in C.C.No.15712/2011 on the file of the Court of XVIII Additional Chief Metropolitan Magistrate, Bangalore and its confirmation judgment and order dtd. 27/11/2015 in Crl.A.No.413/2015 on the file of the Court of the LXVI Additional City Civil and Sessions Judge, Bangalore City seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short ' N.I 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/respondent that, the complainant and the petitioner/accused are known to each other. Due to the said acquaintance, in the third week of March 2010, the petitioner had asked the respondent to pay a sum of Rs.4,50,000.00 to meet his urgent financial commitments and assured that he would pay interest of 2% per month for the said amount and also further assured that, he would repay the said amount within seven months. It is further stated that, when the petitioner did not repay the amount within the stipulated period, the respondent insisted for repayment of the said amount. The petitioner issued a cheque bearing No.992364 dtd. 7/1/2011 drawn on Vijaya Bank, Ganganagar Branch, Bengaluru for the above said sum. When it was presented for encashment, it was returned with an endorsement as 'Insufficient Funds' on 11/1/2011. It is stated that, in spite of legal notice having been received by the petitioner, neither he replied the said notice nor repaid the said amount. Hence, a complaint came to be filed before the Magistrate having jurisdiction.