MALLAYYA Vs. ESHARAPPA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused being aggrieved by the judgment and order passed by Sessions Judge at Yadgiri in Cri. A. No. 7/2013 dated 17.08.2016 where under the judgment of conviction passed by the JMFC Court, Shahahpur in C.C. No.437/2009 by order dated 9.10.2013 convicted the accused-petitioner under Sec. 138 of Negotiable Instruments Act (For short 'N. I. Act').

(2.) The brief facts of the case as per the complaint are that; the respondent-complainant and petitioner-accused known to each other and accused requested the complainant for loan of Rs. 4,00,000.00 for the purpose of agricultural activities, irrigation and for development of the land. After receiving the said amount, accused agreed to repay the same within one month and thereafter he issued a. cheque of State Bank of India, Gogi Branch dated 4.6.2009. When the said cheque was presented on 25.6.2009 the same was returned with an endorsement as "Funds Insufficient". Thereafter, the, complainant issued a legal notice to the accused for demanding the loan amount. Though, the notice served, accused did not pay the loan amount or replied to the said legal notice within stipulated time, as such, a complaint came to be filed by the complainant under Sec. 138 of N. I. Act.

(3.) After filing of the complaint, the trial Court Look the cognizance and after recording the sworn statement of the complainant, summons came to be issued to the accused, accused appeared before the Court and after recording the plea, the trial Court by judgment dated 9.10.2013 convicted the accused. Being aggrieved by the said judgment of conviction preferred appeal before the Sessions Court Yadgiri in Cri. A. No. 7/201 The learned Sessions Judge by order dated 17.8.2016, dismissed the appeal by confirming the order of the trial Court. Being aggrieved by the said order of dismissal of appeal, the petitioner-accused is before this Court.