D. KUMAR Vs. B.G. MANJUNATH

JUDGEMENT

(1.) The present revision petition is filed under Sec. 397 of Cr.P.C., challenging the judgment of conviction passed by the learned XVIII ACMM, Bengaluru, in C.C. No. 9427/2007 and confirmation of the same by order dated 10.3.2015 in Crl. Appeal No. 586/2014 passed by the learned Presiding Officer, Fast Track Court -V, Bengaluru City.

(2.) The revision petitioner herein was the accused and respondent herein was the complainant before the trial court. Parties will be referred to as 'complainant' and 'accused' as per their ranking in the trial Court.

(3.) The case of the complainant is that the accused was very well known to him and the accused had approached him for financial assistance of Rs. 75,000/ - as hand loan. Accused is stated to have approached him in the first week of August, 2006 and complainant is stated to have told the accused to come in the second week of August 2006 so that he would arrange money. Accordingly, accused approached the complainant during second week of August, 2006. Complainant was able to arrange only a sum of Rs. 50,000/ - and accused availed hand loan of Rs. 50,000/ - from the complainant. Accused had promised the complainant to repay the hand loan within three months. After lapse of three months, complainant is said to have demanded the accused to repay his loan amount. Being unable to pay the amount, accused issued a post dated cheque in favour of the complainant drawn on Corporation Bank, Hebbal Branch, Bangalore assuring the complainant that he would arrange money in due course of time.