N. SHIVARAJ Vs. SRINIVAS

JUDGEMENT

(1.) THIS Criminal Revision Petition under Section 397(1) of Cr.P.C., is filed to set aside the judgment of conviction and sentence dated 08.06.2012 in C.C. No. 18934/2010 on the file of the XIII Additional Chief Metropolitan Magistrate, Bangalore and to set aside the judgment dated 11.12.2012 in Criminal Appeal No. 440/2012 on the file of the Fast Track Court -IV, Bangalore City. The revision petitioner was the accused before the Magistrate and the respondent was the complainant. The accused approached the complainant for financial assistance of Rs. 68,000/ -. The complainant advanced him Rs. 68,000/ - as a hand loan. Towards repayment of the loan accused issued a cheque for Rs. 68,000/ - drawn on Karur Vysya Bank Ltd., Rajajinagar Branch, Bangalore. On presentation of the cheque, it came to be dishonoured with an endorsement "Account Closed". The complainant got issued a legal notice to the accused informing the factum of dishonour of the cheque and calling upon him to pay the cheque amount. Inspite of issuance of notice, the accused neither came forward to pay the cheque amount nor to give reply to the notice. So, the complaint came to be filed against the accused under Section 138 of N.I. Act. In response to the summons, the accused appeared and denied the charge levelled against him. The complainant in order to prove the case, examined himself as PW -1 and relied upon 14 documents marked as Exs. P1 to P14. The accused did not choose to lead defence evidence. Learned Magistrate upon hearing both the learned counsel appearing for the complainant and the accused and upon appreciation of the evidence on record, by her judgment dated 08.06.2012 convicted the accused for the offence punishable under Section 138 of N.I. Act and sentenced him to pay a fine of Rs. 70,000/ -.

(2.) THE judgment of conviction and sentence was taken in Criminal Appeal No. 440/2010 on the file of the Fast Track Court -IV, Bangalore City. The learned Presiding Officer of the Fast Track Court -IV, upon re -appreciation of the evidence has confirmed the judgment of conviction and sentence while dismissing the appeal by his judgment dated 11.12.2012.

(3.) HEARD the learned counsel for both the parties. Perused the records. The complainant went on record to reiterate the case made out by him in the complaint in his evidence. Apart from the oral evidence, he has produced as many as 14 documents marked as Exs. P1 to P14. Ex. P1 is the cheque dated 18.01.2009 drawn on Karur Vysya Bank Ltd., Ex. P2 is the Bank Memo. Ex. P3 is the office copy of the legal notice. Exs. P4 and P5 are the receipts for having sent the notice by RPAD to his work place and his residence. Exs. P6 and P7 are the postal acknowledgment for having sent the very same notice by Under Certificate of Posting to his both addresses. Exs. P8 to P10 are the returned RPAD covers. From the perusal of all these documents, one thing is evident that the mandatory requirements to file a complaint for the offence under Section 138 of N.I. Act are complied with. The defence of the accused seems to be that loan obtained by him has been paid by him and even then the cheque that was issued towards security for the loan has been misused by the complainant. Be that as it may, the defence putforth by the accused has been considered by the learned Magistrate and come to the conclusion that there is no substance in the defence taken by the accused which resulted in his conviction. Learned Sessions Judge on re -appreciation of the evidence also come to the very same conclusion arrived at by the Magistrate while dismissing the appeal. The accused failed to point out the illegalities or irregularities or the glaring errors committed by both the Courts below. There is no merit in this revision petition. Hence, I pass the following order.