SHIVA MURTHY Vs. AMRUTHRAJ

JUDGEMENT

(1.) THIS revision petition is filed under Section 397 read with Section 401 of Cr.P.C. questioning the legality and correctness of the judgment dated 19.8.2005 passed by the Presiding Officer, Fast Track Court-II, Mandya, in Crl.A. No. 86/ 2004 dismissing the said appeal filed by the petitioner herein and affirming the judgment of conviction and sentence passed by the Additional Civil Judge (Jr. Dn.) and JWFC, Srirangapatna in C.C. No. 457/2003, convicting the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') and sentencing him to undergo imprisonment for a period of six months and to pay a fine of Rs.

(2.) ,000/- in default to undergo simple imprisonment for two months and also directing the petitioner to pay compensation of Rs. 75,000/- to the complainant being the value of the cheque. 2. The respondent herein is the complainant before the learned Magistrate. I shall refer to the parties herein with reference to their ranking in the Court below.

(3.) AFTER service of summons, the accused appeared before the learned Magistrate and pleaded not guilty for the accusations made against him under claimed to be tried.