MALLIKARJUNA Vs. MURALI M.

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 21/3/2017 in C.C.No.27012/2015 on the file of the Court of XXII Additional Chief Metropolitan Magistrate, Bangalore City and its confirmation judgment and order dtd. 20/7/2019 in Crl.A.No.538/2017 on the file of the Court of LX Additional City Civil and Sessions Judge, Bengaluru (CCH-61) 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 the Negotiable Instruments Act, 1881 (for short 'N.I Act').

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

(3.) It is the case of the complainant that, the petitioner and the respondent were friends. The respondent along with one Sri.Kempegowda, Sri.Jaikar entered into an agreement of sale dtd. 1/3/2013 with one Sri.G.Srinivasa in respect of property Sy.No.9/2, Machohalli Village, Dasanapura Hobli, Bengaluru North Taluk (as per Ex.P6). It is further stated that the petitioner being one of the purchasers was short of funds, therefore, it is stated that the respondent stated to have funded an amount of Rs.15,00,000.00 at the time of agreement of sale. It was agreed that the said amount would be repaid after the development and sale of the said property. The accused / petitioner stated to have issued a post-dated cheque dtd. 25/8/2015 to the complainant. It is stated that the said cheque was presented on 9/10/2015 for encashment, however, it was dishonoured for the reason 'funds insufficient'. After the issuance of the notice, a complaint came to be filed before the Magistrate having jurisdiction.