(1.) THIS revision petition under section 397 r/w. Section 401 of Cr.P.C. is filed against an order dated 17 -12 -2008 in C.C. No.24322/2007 on the file of the XII Additional Chief Metropolitan Magistrate, Bangalore, convicting the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to pay a fine of Rs.5,50,000/ - and in default to undergo simple imprisonment for a period of one year, which has been confirmed in Crl.A. No.37/2009 on the file of the Fast Track Court -I, Bangalore city, by order dated 13 -11 -2009.
(2.) THE revision petitioner is the accused and the respondent is the complainant before the Magistrate. Accused borrowed a sum of Rs.5,00,000/ - from the complainant and towards the repayment, he issued two cheque for Rs.2,50,000/ - each dated 21 -3 -2007 and 22 -5 -2007 drawn on Canara Bank, Hebbal Branch, Bangalore. On presentation of the cheques on 1 -8 -2007, they were returned with an endorsement "Funds insufficient". So the complainant issued a legal notice to the accused through R.P.A.D. and by U.C.P. informing the accused regarding the dishonour of the cheque and called upon to pay the cheque amount within a period of fifteen days from the date of receipt of the notice. Though the notice was served upon the accused, neither he paid the amount nor gave reply to the notice, which resulted in filing a complaint against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. The accused having denied the charge leveled against him, the complainant in order to prove his case examined himself as P.W.1 and relied upon Ex.P.1. to Ex.P.12. On behalf of the accused, Ex.D.1. came to be marked. The learned Magistrate upon hearing both the learned counsel appearing for the complainant and the accused and upon appreciation of the evidence by his order dated 17 -12 -2008 convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to pay a fine of Rs.5,50,000/ - and in default to undergo simple imprisonment for a period of one year, apart from awarding a compensation of Rs.5,30,000/ - out of the fine amount. The Crl.A. No.37/2009 filed by the accused challenging his conviction and sentence has been dismissed by order dated 13 -11 -2009 by the Fast Track Court -I, Bangalore.
(3.) ASSAILING the orders passed by both the Courts below, this revision petition is preferred by the accused.