B. NATARAJ Vs. DINESH

JUDGEMENT

(1.) This petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C. by the accused challenging the judgment of conviction and order of Sentence dtd. 26/3/2019 passed by the Senior Civil Judge and JMFC, Arsikere ('trial Court' for short) in C.C. No.141/2015 and confirmed by the V Additional Sessions Judge, Hassan ('Appellate Court' for short), in Criminal Appeal No.269/2018.

(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, the complainant and accused are known to each other and on 19/3/2015, the accused borrowed a sum of Rs.3,50,000.00 from the complainant for his family necessities and development of his business, agreeing to repay the said loan with interest at 2% per annum and also executed On-demand Promissory Note and consideration receipt. But, the accused did not repay the amount as agreed. On 15/4/2015, when the complainant sought for repayment of said loan amount, the accused has issued a cheque for Rs.3,50,000.00. When the said cheque was presented to the Bank for encashment, it was returned on the ground that, 'signature differs'. The complainant has got issued a legal notice to the accused on 23/4/2015 and though the said notice was served upon the accused on 24/5/2015, the accused did not respond to the notice. Hence, a complaint came to be lodged by the complainant under Sec. 200 of Cr.P.C. for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (' N.I. Act ' for short).