M. NAGARAJ Vs. A. ANJINI

JUDGEMENT

(1.) Revision petitioner-accused being aggrieved by the judgment on the file of I Additional District and Sessions Judge, Ballari (hereinafter referred as 'First Appellate Court' for brevity) in Criminal Appeal No.26/2015, dtd. 8/2/2021, preferred the present Criminal Revision Petition.

(2.) Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that complainant and accused are well known to each other. In the month of March-2009, accused approached the complainant for financial assistance of Rs.1,50,000.00 for the purpose of his business. The complainant gave money of Rs.1,50,000.00 to accused who assured to return the same within 15 days. Thereafter, complainant demanded payment of money from the accused and payment was postponed on one or the other pretext. Accused in order to discharge legally enforceable debt issued cheque bearing No.0952765 drawn on State Bank of Mysuru, Hagaribommanahalli branch, dtd. 1/3/2010 for Rs.1,50,000.00. Complainant presented the said cheque and the same was dishonored as insufficient funds and drawers signature differs vide bank endorsement dtd. 8/3/2010. The complainant issued demand notice on 18/3/2010 and the same is duly served to the accused on 29/3/2010. Accused gave reply dtd. 30/3/2010. Accused has not paid the amount as called upon in the demand notice. Therefore, complaint came to be filed on 27/4/2010 for taking appropriate legal action against accused.