C. ANOOP Vs. KRISHNAPPA

JUDGEMENT

(1.) This petition filed under Sec. 397(1) r/w 401 Cr.P.C is by the accused, challenging his conviction and sentence for the offence punishable and Sec. 138 of the N.I Act imposed by the trial Court, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him.

(2.) For the sake of convenience, the parties are referred to by their rank before they trial Court.

(3.) Complainant filed a private complaint against the accused alleging that he and accused are known to each other since several years. Accused approached the complainant for financial assistance as he was facing financial difficulties. In this regard complainant paid Rs.3.5 lakhs to the accused by way of hand loan in the second week of January 2016 by cash. Accused promised to repay the same within six months. However, accused failed to keep up the said promise and after repeated request and demand, he issued a cheque dtd. 14/7/2016 for a sum of Rs.3.5 lakhs with an assurance that it will be honoured on presentation. However, on 16/7/2016, when complainant presented the cheque for realization, it was dishonoured for want of sufficient funds. When complainant brought this fact to the notice of accused, he did not care to pay the amount due. Hence, complainant got issued a legal notice dtd. 12/8/2016. Accused has sent an evasive reply and without any alternative, complainant has filed the complaint.