MANJU K.C. Vs. RAVINDRA BABU G.

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment dtd. 14/3/2023 passed in Crl.A.No.873/2022 by the LXVI Additional City Civil and Sessions Judge, Bengaluru wherein conviction of the petitioner by judgment dtd. 27/6/2022 passed in C.C.No.5970/2019 by the IV Additional Chief Metropolitan Magistrate, Bengaluru for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as " N.I Act for brevity) has been affirmed.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent.

(3.) The case of the respondent -complainant before the trial Court is that the petitioner -accused is acquainted with him through his common friends and he borrowed Rs.3,50,000.00(rupees Three Lakh Fifty Thousand only) for his marriage and business necessities during the month of January 2017 and promised to repay the same with interest at rate of 2% per month repayable within 06 months to one year. The complainant has paid Rs.1,95,000.00 (rupees One Lakh Ninety Five Thousand only) by way of cheque on 28/2/2017 and Rs.1,55,000.00 (rupees One Lakh Fifty Five Thousand only) by way of cash on 25/2/2017. Even after expiry of one year the petitioner -accused has not paid the amount borrowed and thereafter he issued cheque bearing No.000278 dtd. 10/7/2019 for a sum of Rs.4,00,000.00 (rupees Four Lakhs only) drawn in HDFC Bank, Chamaraja Double Road Branch, Mysuru towards discharge of loan. The complainant presented the said cheque and it came to be dishonoured for a reason "funds insufficient" under bank memo dtd. 17/7/2019. The complainant got issued legal notice dtd. 1/8/2019 by RPAD and same is returned as "not claimed". As cheque amount is not paid, the respondent -complainant has initiated proceedings against the petitioner -complainant for offence punishable under Sec. 138 of the N.I Act.