RANGASWAMY Vs. RAVIKUMAR

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 30/8/2017 in C.C.No.51/2016 on the file of the Court of the Civil Judge and JMFC at Turuvekere and the judgment and order dtd. 4/7/2020 in Crl.A.No.10028/2017 on the file of V Additional District and Sessions Judge, Tiptur seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act').

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience. Brief facts of the case:

(3.) The accused is said to have borrowed a sum of Rs.55,000.00 in the month of September 2012 and agreed to repay the said amount to the complainant within six months. After six months, when the complainant demanded to repay the amount, the accused said to have issued a cheque for a sum of Rs.55,000.00. When the cheque was presented for encashment, it came to be dischonoured with a shara as 'funds insufficient'. On 10/7/2013, the complainant issued a legal notice calling upon the accused to repay the said cheque amount. Inspite of the notice having been served, the accused neither repaid the amount nor replied to the said notice. Hence, a complaint came to be registered by the complainant.