BHOJA GARDEN RESTAURANT Vs. NAGARAJA

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment dtd. 26/11/2015 passed in Crl.A.No.1384/2014 by the LXIII Additional City Civil and Sessions Judge, Bengaluru wherein conviction of the petitioner by judgment dtd. 17/11/2014 passed in C.C.No.3604/2013 by the XX 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) and sentenced to pay fine of Rs.2,55,000.00 and in default to undergo simple imprisonment for a period of 03 months 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 during the month of June-2012, the petitioner -accused had borrowed hand loan of Rs.2,50,000.00 (rupees Two Lakhs Fifty Thousand only) from the respondent -complainant and promised to repay the same within 04 months. When the respondent - complainant demanded for repayment of loan amount then the petitioner -accused has issued cheque bearing No.336882 dtd. 21/11/2012 for Rs.2,50,000.00 (rupees Two Lakhs Fifty Thousand) in favour of the respondent - complainant and it was drawn on the Axis Bank Ltd., Koramangal Industrial Layout, Bengaluru. The respondent -complainant presented the said cheque for encashment and it came to be dishonoured for a reason "funds insufficient" under bank memo 22/11/2012. The respondent -complainant got issued statutory notice to the accused. Inspite of service of said notice, the petitioner - accused failed to repay the cheque amount within 15 days. Therefore, the respondent -complainant has initiated proceedings against the petitioner -accused for offence punishable under Sec. 138 of the N.I Act.