VITTAL KUMAR Vs. N.P.CHANDRAN

JUDGEMENT

(1.) Appellant being accused before the Trial Court in C.C.No.551/2008 on the file of JMFC V Court, Mangalore, being aggrieved by the Judgment of his conviction and sentence in the said case as per the Judgment dtd. 10/10/2011 and the said Judgment of conviction and sentence being affirmed by the I Addl. Dist. and Sessions Judge, D.K. Mangalore, in Crl. A. No.194/2011 dtd. 1/1/2014, has preferred this revision under Sec. 397 read with sec. 401 of Cr.P.C.

(2.) For the purpose of convenience, I refer the parties as per their rank before the Trial Court.

(3.) Brief relevant facts up to this revision are as under: That complainant being respondent in this revision, filed a private complaint in P.C. No.2922/2007 before the JMFC, V Court, Mangaluru for the offence punishable under Sec. 138 of the N.I. Act, against the revision petitioner. It is alleged in the complaint that accused issued a cheque bearing No.464596 dtd. 29/10/2007 drawn on Oriental Bank of Commerce, Balmatta Road, Mangalore for Rs.85,000.00 in favour of the complainant. Towards repayment of the amount due to the complainant. The said cheque was presented by the complainant for encashment through his banker, but it was dishonoured for want of sufficient funds in the account of the accused. Thereafter, on receipt of the memo from the bank, complainant issued the statutory notice and called upon the accused to pay the cheque amount. On his failure, complainant filed the aforesaid complaint against the accused.