SUDHEER Vs. UMESHA G. Y.

JUDGEMENT

(1.) This revision is filed by the revision petitioner/accused challenging the judgment of conviction and order of sentence dtd. 2/4/2018 passed by the Principal Civil Judge and JMFC Court, Hosanagara ('trial Court' for short) in CC No.889/2013, whereby the learned Magistrate has convicted the revision petitioner/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ( ' N.I. Act ' for short) and the same is being confirmed by the V Additional District and Sessions Judge, Shivamogga, sitting at Sagar ('Appellate Court' for short), in Criminal Appeal No.10013/2018 vide judgment and order dtd. 23/2/2019.

(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 as under: The complainant and accused are well-known to each other. The accused has borrowed hand loan of Rs.2,50,000.00 on 9/11/2012 from the complainant and promised to repay the said amount within eight days. After eight days, when the complainant demanded for money, the accused has issued a cheque dtd. 23/1/2013 drawn on Pragati Grameena Bank, Kanakagiri Branch. When the said cheque was presented to the bank by the complainant, the same was dishonoured for Insufficient Funds. Thereafter, the complainant has got issued a legal notice through his counsel and the same was replied by the accused with untenable grounds. Hence, the complainant has lodged a complaint under Sec. 138 of the N.I. Act.