SYED WAJID Vs. MUJEEB ABDUL MATHEEN

JUDGEMENT

(1.) Accused is before this Court in this Criminal revision petition filed under Sec. 397 read with Sec. 401 of Cr.PC, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.2268/2019 by the Court of Judicial Magistrate First Class, (IV Court), Mysuru, dtd. 30/9/2023 and the judgment and order passed in Crl.A.No.377/2023 dtd. 29/8/2024 by the Court of IV Additional District and Sessions Judge, Mysuru.

(2.) Heard the learned counsel for the parties.

(3.) Respondent herein had initiated proceedings against the petitioner for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') in C.C.No.2268/2019. It is the case of the respondent that petitioner had borrowed a sum of Rs.15,00,000.00 (Rupees Fifteen Lakhs only) from him and executed a loan agreement dtd. 29/11/2018 and also undertaking to repay the said amount with interest. Subsequently, the petitioner had availed further financial assistance from the respondent and totally he was due for a sum of Rs.19,00,000.00 (Rupees Nineteen Lakhs only) out of which he had repaid a sum of Rs.3,80,000.00 (Rupees Three Lakhs Eighty Thousand only) and was due to pay sum of Rs.15,20,000.00 (Rupees Fifteen Lakhs Twenty Thousand only). The cheques-in-question bearing Nos.000013 and 000014 drawn on I.D.F.C Bank, Residency Road Branch, dtd. 25/4/2019 for a sum of Rs.7,50,000.00 (Rupees Seven Lakhs Fifty Thousand only) each, which was issued by the petitioner in favour of the respondent, towards the repayment of the amount due, when presented for realisation were dishonored by the drawee bank with shara "Funds Insufficient".