R. SUDHAKAR Vs. ANANDTEERTH V. JOSHI

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner / accused, being aggrieved by the judgment of conviction and order of sentence dtd. 22/8/2016 in C.C.No.28235/2014 on the file of XXII Additional Chief Metropolitan Magistrate, Bangalore City and its confirmation judgment and order dtd. 19/7/2017 in Crl.A.No.1071/2016 on the file of the LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH.No.68), seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offence under Sec. 138 of Negotiable Instruments Act (for short 'N.I. Act').

(2.) The rank of the parties in the Trial Court will be considered henceforth for convenience.

(3.) It is the case of the complainant that he had entered into an agreement of sale with the accused on 27/5/2013 and paid Rs.7,00,000.00 as part payment and the remaining balance had to be paid at the time of execution of the sale deed. The total amount of Rs.35,00,000.00 was fixed as sale consideration. Time was stipulated to complete the construction process, however, the accused did not perform his part of contract and therefore, the complainant demanded the accused to repay the amount by canceling the sale agreement. The accused after agreeing for cancellation of the sale agreement, issued a cheque for the said amount and asked the complainant to present the cheque for encashment.