MAHADEVAIAH Vs. MAHADEVAMMA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 5/11/2019 in C.C.No.1775/2019 on the file of the Court of the II Additional Chief Judicial Magistrate Bangalore Rural District, Bangalore and its confirmation judgment and order dtd. 29/10/2020 in Crl.A.No.126/2019 on the file of IX Additional District and Sessions Judge, Bengaluru, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short ' NI Act ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

(3.) The case of the complainant is that, the petitioner is the family friend of the complainant and he was facing some financial problem and approached the complainant in the month of October, 2015 and requested to pay a sum of Rs.6,00,000.00. It is stated that, the amount was paid to the petitioner and the petitioner has assured that, he would repay the same within three years from the date of loan. When the stipulated time was over, the petitioner did not repay the amount, however, he stated to have issued two cheques. When the cheques were presented for encashment, the complainant received an endorsement as 'No Such Account' on 15/11/2018. After completing the formalities as is required to lodge a complaint under the Act, a complaint was filed before the Magistrate. The Magistrate took cognizance and proceeded further in that matter.