SUNIL YADAV Vs. Y.C.MANJU

JUDGEMENT

(1.) Heard the learned counsel for revision petitioner and the learned counsel for the respondent.

(2.) This revision petition is filed against the conviction and sentence order in C.C.No.16747/2017 on the file of XVIII Addl. C.M.M, Bengaluru for the offence punishable under Sec. 138 of N.I Act wherein the accused was sentenced to pay fine of Rs.7,60,000.00 and in default he shall undergo simple imprisonment for a period of one year and out of compensation Rs.10,000.00 has to be defrayed to the State exchequer and also against the order of confirmation passed in Crl.A.No.1748/2018 on the file of LXVIII Addl. City Civil and Sessions Judge, Bengaluru.

(3.) The factual matrix of case of complainant before the Trial Court that this revision petitioner has availed a hand loan of Rs.6,00,000.00 on 6/10/2015 to meet his financial commitments and family necessities and had undertaken to repay the same within six months with interest at 18% per annum. But, the accused has not kept up his promise and he demanded the repayment, he issued a Cheque dtd. 13/3/2017 for an amount of Rs.6,00,000.00 and on presentation of Cheque, the same was dishonored with an endorsement 'Funds insufficient'. Thereafter, he had issued the legal notice making demand to pay the amount and inspite of service of notice, he did not comply the demand and hence filed the complaint. The Trial Court took the cognizance and secured the accused and he did not plead guilty, but he did not cross examined the PW1 and his 313 statement was dispensed and he was convicted and the same was challenged before the First Appellate Court and the First Appellate Court also having appreciated both oral and documentary evidence placed on record, dismissed the appeal confirming the judgment of the Trial Court, hence the present revision petition is filed before this Court.