GANESH SHETTI Vs. RAJAN CHAUDHARY

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner/accused challenging the judgment passed by the Court of the LX Additional City Civil and Sessions Judge, Bengaluru (CCH ? 61) in Crl. A. No.648/2016 dated 12.04.2017 wherein the appeal was dismissed and the judgment of conviction and order of sentence passed by the Court of the XIX Additional Chief Metropolitan Magistrate at Bangalore City in C.C. No.21662/2012 dated 05.05.2016 was confirmed.

(2.) I have heard the learned counsel for the respondent. Learned counsel for the petitioner/accused remained absent. However, revision petition cannot be dismissed for default and it has to be heard and decided on merits. The same is disposed of on merits.

(3.) It is contended in the petition by the petitioner/accused that there is no strict compliance of the provisions of Sections 138, 141 and 142 of Negotiable Instruments Act, 1881 (hereinafter referred as 'the Act') and no notice has been duly served to the petitioner/accused as required under the law and the said amount has been duly paid by the accused and the trial Court have not been properly considered. It is further contended that the material produced on record utterly failed to prove the guilt of the accused. As such, the accused ought not to have been acquitted of the charges leveled against him.