Y. CHENNAMMA Vs. T. LAXMAN RAO

JUDGEMENT

(1.) This is the petition filed by petitioner -Accused being aggrieved by the judgment and order of conviction passed by the trial Court dated 20.11.2012 in CC No. 944/2012, which was confirmed in the appeal by the 1st Appellate Court by order dated 30.10.2013 in Crl. Appeal No. 42/2013.

(2.) Brief facts leading to filing of the criminal case by the respondent -complainant before the trial Court are that the complainant and accused are known to each other, since several years. After voluntary retirement the complainant has received service benefits from N.E.K.R.T.C. department. Out of acquaintancy, the accused approached the complaint for financial assistance on 23.06.2010 and received a sum of Rs. 1,80,000/ - from the complainant for construction expenses and other family expenses, agreeing to repay the said loan with interest at the rate of 24% p.a. Further the accused has also promised the complainant to repay the said loan amount within a short period. When the accused failed to repay the loan amount, the complainant has approached the accused on several occasions for seeking repayment of loan. The accused postponed the same on one or the other pretext. The accused lastly has issued a cheque bearing No. 27143 drawn on State Bank of India, dated 07.10.2011, for a sum of Rs. 1,80,000/ - in favour of the complainant and requested the complainant to present the same on or after 07.10.2011. As per the request of the accused, on 07.10.2011 the complainant has presented the cheque for encashment through his banker Syndicate Bank. But the said cheque was returned uncashed with an endorsement "funds insufficient". Then, he got issued legal notice calling to the accused to repay the loan amount within 15 days from the date of receipt of notice. In spite of service of notice, the accused has not paid cheque amount within the time stipulated. Therefore, he filed a private complaint before the trial Court alleging the offences committed by the petitioner herein.

(3.) Heard the arguments of the learned counsel for the petitioner -Accused and also the learned counsel appearing for the respondent -complainant.