K.J. RAMU Vs. DODDAIAH

JUDGEMENT

(1.) THIS Criminal Revision Petition under Section 397 of Cr.P.C., is filed to set aside the judgment dated 11.02.2010 in C.C.No.23725/2006 on the file of the XX1 Additional Chief Metropolitan Magistrate, Bangalore city and to set aside the judgment dated 07.12.2010 in Criminal Appeal No.179/2010 on the file of the Additional Sessions Judge and Presiding Officer, Fast Track Court -XII, Bangalore City.

(2.) THE revision petitioner was the accused before the Magistrate and the respondent was the complainant. The case of the complainant before the Magistrate was that the accused and the complainant were friends. The accused had approached the complainant and requested the complainant for hand loan of Rs.4,00,000/ - on 08.07.2005 for the purpose of improvement of his business. Considering the request made by the accused, the complainant agreed to pay the loan of Rs.4,00,000/ - to the accused. The accused had promised to repay the same within a period of three months. Towards the repayment, the accused issued 4 post dated cheques for Rs.1,00,000/ - each dated 15.10.2005 drawn on Union Bank of India, Richmond Town Branch, Bangalore, towards the discharge of his liability. The complainant contacted the accused on 15.10.2005 and demanded to repay the loan amount of Rs.4,00,000/ - as agreed. The accused expressed his financial difficulties and requested for six months time to repay the loan and promised to pay the loan amount in the first week of April 2006. The complainant did wait till the first week of April 2006 and finally since the accused failed to pay the cheque amount, the cheques were presented for encashment and all the four cheques were returned with an endorsement "funds insufficient." The complainant enlightened the accused regarding dishnour of the cheque and called upon him to pay the cheque amount. The accused instead of making payment of the cheque amount, gave untenable reply which made the complainant to file a complaint against the accused for the offence punishable under Section 138 of N.I. Act.

(3.) BOTH these judgments passed by the learned Magistrate and the Sessions Judge are under challenge before this Court.