H.P. MUDLAPPA Vs. H. NARAYANA

JUDGEMENT

(1.) The present revision petition is filed under Sec. 401, Cr.P.C. challenging the judgment passed in C.C. 18424/03 and affirmation of the same in Crl. A. 319/07.

(2.) Petitioner herein was the accused in the said criminal case, C.C. 118424/03, a complaint filed for the offence punishable under Sec. 138, Negotiable Instruments Act. The said case ended in conviction and the petitioner is sentenced to pay Rs. 1.75 lakhs and in default, to undergo SI for 12 months, vide judgment dated 19.2.2007. Against the said judgment of conviction and sentence, an appeal was filed under Sec. 374, Cr.P.C. before the XXXVI Additional City Civil Judge, Bengaluru, in Crl. A. 319/07. The said appeal is dismissed after contest by judgment dated 5.11.2007. These concurrent findings are called in question in this revision petition on various grounds as set out in the memorandum of petition.

(3.) Parties will be referred to as complainant and accused as per their ranking before the trial court. The facts leading to the filing of this petition are as follows: