D.VENKATESH Vs. M.N.RAMMOHAN

JUDGEMENT

(1.) THIS Criminal Revision Petition under Section 397 r/w Section 401 of Cr.P.C., is filed to set aside the order dated 22.12.2008 in C.C. No. 21636/2006 on the file of the XII Additional Chief Metropolitan Magistrate, Bangalore and to set aside the order dated 18.02.2010 in Criminal Appeal No. 31/2009 on the file of the Fast Track Court -VI, Bangalore City, dismissing the Criminal Appeal and confirming the judgment of conviction and sentence of the petitioner for the offence under Section 138 of N.I. Act. The petitioner herein was the accused before the Magistrate and the respondent was the complainant.

(2.) TOWARDS repayment of loan amount of Rs. 35,000/ - obtained by the accused from the complainant on 07.01.2005, the accused issued a cheque for Rs. 35,000/ - dated 11.11.2005 drawn on Canara Bank. On presentation of the cheque by the complainant through his banker Indian Bank, Chamarajpet, the cheque came to be dishonoured for the reasons "insufficient funds". As such, the complainant issued a legal notice to the accused informing the dishonour of the cheque and calling upon him to pay the cheque amount. The accused, though served with the notice, has neither replied nor made payment of the cheque amount. The complaint came to be lodged against him for the offence under Section 138 of N.I. Act. In response to the Court summons, the accused appeared and pleaded not guilty. As such, the complainant in order to prove his case got examined himself as PW1 and relied upon 9 documents marked as Exs. P1 to P9. The accused denied all the incriminating evidence appeared against him in his examination under Section 313 of Cr.P.C. He has not led any defence evidence. The learned Magistrate upon hearing the arguments and upon consideration of the evidence placed on record, by judgment dated 22.12.2008, convicted the accused for the offence under Section 138 of N.I. Act and sentenced to pay a fine amount of Rs. 55,000/ - and also ordered to pay Rs. 50,000/ - as compensation out of the fine amount. Dissatisfied with the order of conviction and sentence, the accused preferred Criminal Appeal No. 31/2009 on the file of the Fast Track Court -VI, Bangalore City. The learned Sessions Judge, upon re -appreciation of the evidence, by his judgment dated 18.02.2010 dismissed the appeal while confirming the judgment of conviction and sentence passed by the Magistrate. Questioning the legality and correctness of the orders passed by both the Courts below, this revision petition is preferred by the petitioner/accused.