D.B. JATTI Vs. M/S. JAMNADAS DEVIDAS

JUDGEMENT

(1.) This revision is filed by the petitioner challenging the concurrent findings of judgment of conviction and order of sentence dtd. 30/11/2016 passed by the 2nd Additional Small Causes Court and 18th Additional CMM, Bengaluru, in C.C. No.48039/2010 and confirmed by the 64th Additional City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.1509/2016 vide order dtd. 2/5/2019.

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

(3.) The brief factual matrix leading to the case are that, the complainant has lodged a complaint under Sec. 200 of Cr.P.C. against the accused/revision petitioner herein for the offence punishable under Ss. 138 and 142 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short). It is the contention of the complainant that for the purpose of running business of M/s. Jatti Projects Inc., which is a proprietary firm, the accused has borrowed a sum of Rs.10.00 Lakhs by executing On-demand Promissory Note on 19/4/2007 and he has also agreed to repay the same with interest as and when demanded. It is also alleged that the said amount was paid by the complainant through a cheque bearing No.891164 dtd. 7/4/2007 drawn on M/s. The Catholic Syrian Bank Limited, Ghandhinagar Branch, Bengaluru. In discharge of the said debt, the accused has issued a cheque for Rs.10.00 Lakhs and also promised to pay the interest on later date. It is also alleged that the accused has paid interest from 9/4/2007 till 9/1/2009 and he is required to pay interest due from 10/1/2009 and he has issued the cheque for Rs.10.00 Lakhs towards part payment of liability.