K SRINIVASAIAH Vs. VULCAN BENEFIT FUND LIMITED

JUDGEMENT

(1.) THIS revision petition under Section 397 r/w 401 Cr.P.C. is against an order dated 18.3.2009 in C.C.No.16589/2006 on the file of XV Addl. Chief Metropolitan Magistrate, Bangalore City which has been confirmed by the Fast Track Court -VII, Bangalore City in Crl.A.No.324/2009 by order dated 9.11.2010.

(2.) THE facts leading to this revision petition are stated as under: -

(3.) THE accused appeared and pleaded not guilty to the charge levelled against him. So the complainant company in order to prove the charge levelled against him, examined its authorized representatives S.K. Bhat and G. Sudesh Kamath as PW -1 and PW -2 and got marked as many as 29 documents as Ex -P1 to P29. The accused denied the incriminating evidence that surfaced during the course of trial. In defence, the accused got himself examined DW -1 and relied upon Exs -D1 and D2. The Learned Magistrate upon hearing the arguments addressed by both the counsel appearing for the parties and upon going through the decision relied upon by the parties and on appreciation of the evidence by order dated 18.3.2009 convicted the accused for the offence punishable under Section 138 of N.I. Act and sentenced him to pay fine of Rs.6,97,000/ - and out of that, to pay 6,95,000/ - as compensation to the complainant.