DIKSHA SOLUTIONS Vs. D.KRISHNAPPA

JUDGEMENT

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

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

(3.) Complainant filed a complaint under Sec. 200 Cr.P.C against accused for the offence punishable under Sec. 138 of N.I Act, contending that he is a practising advocate. Accused who is the Proprietor of Diksha Solutions, which is the unit of Sri Krishna minerals approached complainant through his cousin Ravi Kumar and his friend Dr. Kiran Kumar, with a request for hand loan of Rs.6.00 lakhs to meet his business requirements. Complainant deposited Rs.6.00 lakhs into the account of accused through his friend's account number 195310100000089, Andhra Bank Tanisandra branch, Bengaluru-560077. Accused promised to return the said amount before 20/2/2017 and issued a post dtd. 24/2/2017 cheque for a sum of Rs.6.00 lakhs drawn on his account and assured payment on presentation on 11/4/2017.