G.R.SUBRAMANI Vs. B.N.NANDA GOPAL

JUDGEMENT

(1.) Heard the counsel for petitioner and the counsel appearing for the respondent.

(2.) This Revision petition is filed praying this Court to set-aside the order of conviction in C.C No.355/2010 for the offence punishable under Sec. 138 of Negotiable Instrument Act and also set-aside the order passed in Crl.A No. 28/2015 confirming the order of conviction and grant such other relief.

(3.) The factual matrix of the case of the respondent/complainant before the Trial Court that the petitioner herein had approached the respondent for a hand loan of Rs.2,00,000.00 for construction of house at Rajendrahalli village, Mulbagal Taluk. It is also contended that his request has been considered and he had paid an amount of Rs.1,90,000.00 and when the respondent insisted him to repay the amount, he gave the post dated cheque dtd. 15/7/2009 and when the same was presented through his banker at Mulbagilu, the Cheque was returned as dishonored with an endorsement of insufficient fund and hence, he had issued a legal notice on 13/1/2010 through the registered post as well as certificate of posting and the legal notice issued under registered post was returned as ' addressee not in station ' and notice served under certificate of posting was served on him. Inspite of service of notice, he did not come forward to make the payment and hence, filed the complaint.