RAMESH, Vs. ANAND MOHAN,

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed under Sections 397 r/w 401 of Cr.P.C., challenging the legality and propriety of the judgment dated 25th October 2012 passed by the 1st Additional Sessions Judge, Gulbarga, in Criminal Appeal No.76/2011, in confirming the judgment of conviction and sentence dated 25th July 2011 passed by the Prl.JMFC at Gulbarga, in C.C.No.1627/2009.

(2.) BRIEFLY stated the facts are: The Revision Petitioner herein filed a private complaint under Section 200 of Negotiable Instrument Act (herein after referred to as Act ) alleging that the accused/petitioner herein had availed hand loan of Rs.4,00,000/ - and had promised to repay the same in three months. The accused on his own and voluntarily deposited his original sale deed bearing No.9294/2004 -2005 pertaining to the property in his ownership i.e., shed No.C -11 of industrial area, Gulbarga with the complainant at the time of availing loan. On persistent demand, the accused gave the cheque bearing No.0701787 drawn on Vijaya Bank, Gulbarga for a sum of Rs.4,00,000/ - dated 25.07.2007. When the complainant verified with the bank, he came to know that there was no balance in the account of the accused. When this was brought to the notice of the accused, he promised to clear the loan by the end of September 2007.

(3.) ON 30.08.2007, the accused gave a false paper publication in the local newspaper Vijaya Karnataka claiming that his original sale deed pertaining to the property referred to above is lost and he gave a police complaint in this regard. He entered into contract to sell his property pertaining to the above sale deed with a third party, despite he had created equitable mortgage with the complainant for securing the hand loan of Rs.4,00,000/ -. The complainant gave a public notice on 02.09.2007 in the Newspaper that the original sale deed is with him only. The complainant when presented the cheque issued by the accused to the bank, same was returned with the endorsement dated 06.10.2007 as Account Closed . Immediately he issued a legal notice on 15.10.2007 to the accused demanding the loan amount. The legal notice was served on the complaint. He gave a false and vague reply. Since the accused failed to repay the loan amount within 15 days as called upon in the demand notice, he has committed offence under Negotiable Instrument Act.