RAJESH ANCHAN Vs. K.B. SURESH

JUDGEMENT

(1.) This revision is filed under Sec. 397 r/w 401 of Cr.P.C ., challenging the judgment of conviction and order of sentence passed in CC.No.1894/2014 dtd. 9/1/2017 on the file of JMFC (V Court), Mangaluru, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short ' NI Act ') and confirmed by I Additional Sessions Judge, Mangalore in Crl.A.No.18/2017 dtd. 16/7/2019.

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

(3.) The brief factual matrix leading to the case are that for urgent financial commitments accused had borrowed a sum of Rs.1,50,000.00 from complainant as a hand loan. It is asserted that the accused being friend of complainant, he has paid the said sum and towards repayment the accused has issued the cheque dtd. 26/7/2014 for Rs.1,50,000.00 and when the same was presented, it was dishonored for the reason "Account closed". The complainant then got issued a legal notice and the accused did not repay the loan amount and hence, the complaint came to be lodged.