K SRINIVASULU Vs. ESHWAR RAO

JUDGEMENT

(1.) This Revision Petition is directed against the concurrent findings recorded by the Courts below holding the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act', for short).

(2.) The Revision Petitioner is the accused before the Court below. The case of the complainant is that, the accused borrowed a sum of Rs. 1,50,000/- in cash from the complainant on 11.02010 for his urgent business necessities and in repayment of the said loan, he issued a cheque for a sum of Rs. 1,50,000/- bearing No.606811 dated 08.05.2010 drawn on Syndicate Bank, Main Branch, Ballari. The said cheque when presented for encashment came to be dishonoured with an endorsement 'insufficient funds'. The complainant issued legal notice on 07.06.2010 through RPAD. Though the accused received the said notice, yet he failed to comply with the demand. Hence, the complainant initiated action under Section 138 of the NI Act.

(3.) Before the Court below, the complainant examined himself as PW1 and produced in evidence the original cheque Ex.P1, bank endorsement Ex.P3, postal receipt Ex.P4, UCP receipt Ex.P5 and a copy of legal notice Ex.P6. In rebuttal, the accused did not adduce any oral or documentary evidence.