KHUSHBOOS RESTAURANT Vs. MR. SUHAIL KHAN

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction and order of sentence dtd. 18/4/2015 in C.C.No.13171/2012 on the file of the learned XXI Additional Chief Metropolitan Magistrate, Bangalore, and its confirmation judgment and order dtd. 19/3/2016 in Crl.A.No.715/2015 on the file of the learned LXVI Additional City Civil and Sessions Judge, Bangalore City (CCH-67), seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners / accused are convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act').

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

(3.) It is the case of the complainant that, petitioner No.1 is the Company, petitioner Nos. 2 and 3 are the Partners. The petitioner Nos.2 and 3 being the Partners, stated to have approached the respondent to borrow a loan of Rs.10,00,000.00and assured the respondent that, they would repay the said amount within one month with 1% interest per month. It is further stated that petitioner Nos.2 and 3 have executed two On-demand Promissory Notes and issued two post-dated cheques for the said transaction. The respondent as per the instructions of petitioner Nos.2 and 3 presented the said cheques for encashment on 17/3/2012, those cheques were returned as 'funds insufficient'. A complaint came to be lodged before the jurisdictional Magistrate.