UPENDRA KUMAR Vs. DON FINANCE CORP

JUDGEMENT

(1.) THIS revision petition is filed by the convicted accused. The respondent is the complainant. The petitioner is tried for the offence punishable under Section 138 of the Negotiable instruments Act before the learned V. J. M. F. C. , Mangalore, in C. C. No. 11/2003. After recording the evidence and hearing the parties, the trial Court by its judgment and order dated 29th October, 2004, convicted the accused and sentenced him to undergo simple imprisonment for a period of one month and to pay compensation of Rs. 40,000/- to the complainant, with default clause. The judgment and order of the trial court is confirmed by the Sessions Court, dakshina Kannada, Mangalore, in Criminal appeal No. 385/2004, on 15th February, 2006.

(2.) CASE of the complainant in brief is that the accused borrowed a loan of Rs. 15,000/- and Rs. 6,000/- on 28-10-1993 and 2-12-1993 respectively from the complainant, agreeing to repay the same with interest at the rate of 23% p. a. ; towards repayment of the said loan, the accused issued the cheque Ex. P. 1 dated 11-11-1996 drawn on Mangala Credit Co-operative Society ltd. , Kodialbail, Mangalore, for Rs. 24,168/- in favour of the complainant. On presentation, the said cheque was returned with an endorsement of "insufficient funds". After complying with all the necessary statutory requirements, the complain came to be lodged. The complainant got examined himself as PW-1 and got marked 15 exhibits. On behalf of the accused, two witnesses are examined, including the accused and two documents were got marked.

(3.) AS aforementioned, both the Courts below have concurrently held against the accused and convicted for the offence under section 138 of Negotiable Instruments Act. Questioning both the Judgments and Orders, the petitioner has filed this revision petition.