N. NARASEGOWDA Vs. CHIKKANNA

JUDGEMENT

(1.) -This petition is filed by the petitioner/accused under section 482 of Crimial P.C. 1973 praying this Court to set aside the impugned order dated 10.02.2017 passed by the LXII Addl. City Civil and Sessions Judge Bengaluru in Crl. A No. 582/2015 on the application filed by the petitioner under section 391 of Crimial P.C. 1973

(2.) Heard the arguments of the learned counsel appearing for the petitioner/ accused and also the learned counsel appearing for the respondent/ complainant.

(3.) The case before the trial court was, a private complaint came to be fded by the respondent/ complainant alleging that petitioner herein committed the offence under section 138 of Negotiable Instruments Act. After contest, the said case ended in conviction against the petitioner herein that he has committed the offence under section 138 of Negotiable Instruments Act. Then the petitioner herein preferred the criminal appeal before the First Appellate Court wherein, he also made the application under section 391 of Crimial P.C. 1973 The application was contested by respondent/ complainant. In the said appeal proceedings, ultimately the First Appellate Court considering the pleading and objection of the parties has rejected the application and held that there is no merit in the application.