A VISWANATHA PAI Vs. VIVEKANANDA S BHAT

JUDGEMENT

(1.) THE Petitioner herein who is accused in C. C. No. 11091/2004 before the learned XVI Additional Chief Metropolitan magistrate, Bangalore (herein referred to as "trial Court" for short) has challenged the legality and correctness of the judgment and order of conviction and sentence dated 3. 5. 2006 passed in the said case convicting him for the offence punishable under Section 138 of the Negotiable instruments Act (herein after referred to as "n. I. Act" for short) and also the judgment dated 11. 12. 2007 passed in Crl. A. No. 944/2006 by the learned XXXVI Addl. City Civil and Sessions Judge (CCH37), Bangalore (hereinafter referred to as "appellate Court" for short) confirming the judgment and order of conviction and sentence passed by the Trial Court.

(2.) THOUGH this case was listed on 9. 9. 2008 for admission, it was taken up for final disposal by consent of the learned Counsels for both sides and their arguments on merits were heard. I have perused both the impugned judgments and also the entire material on record.

(3.) THE only point that arises for my determination, in this revision petition is: