GOPINATH T. Vs. RAJAGOPALA

JUDGEMENT

(1.) This Revision petition is filed by the petitioner being aggrieved by the judgment of conviction and order of sentence dtd. 14/11/2018 passed in C.C No.24303/2014 on the file of VI Additional Small Causes Judge and XXXI Additional Chief Metropolitan Magistrate, Bengaluru and its confirmation order dtd. 16/9/2020 in Crl.A No.2516/2018 on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70), wherein the petitioner herein has been convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'N.I Act').

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

(3.) It is the case of the complainant that the accused being a proprietor of High Tech Industries, known to the complainant since two years. It is stated that, the accused had approached him during the second week of July along with one Sri.Chandrashekar S/o Veeraswamy for financial assistance. As per the averments of the complaint, the accused said to have requested loan for a sum of Rs.20,00,000.00 from the complainant. The complainant said to have lent the amount of Rs.20,00,000.00 on 23/7/2013. The accused said to have issued a cheque as security for the said amount. It is further stated that, the accused had written a letter along with the said Sri.Chandrashekar on 23/7/2013 that he would repay the entire loan amount within a period of six months along with interest at the rate of 1.5% per month.