YASMEEN TAJ Vs. V.THIRUMALESH

JUDGEMENT

(1.) The present petition is filed by the accused being aggrieved by the judgment and order dated 26.8.2015 passed by the II Additional District and Sessions Judge, Davangere in Criminal Appeal No.64/2014, whereunder the judgment and order of conviction and sentence passed by the I Additional Senior Civil Judge and JMFC., Davanagere in CC.No.233/2012, dated 5/9.6.2014 was confirmed.

(2.) Though the respondent-complainant is served with notice, he has remained absent. I have heard the learned counsel for the petitioner-accused.

(3.) The case of the complainant before the trial Court is that on 10.11.2008 accused borrowed a hand loan of Rs.1,00,000/- from the complainant and at that time, she had issued cheque bearing No.257606 for a sum of Rs.1,00,000/-. When the complainant presented the cheque for encashment through banker, the same was returned with an endorsement "funds insufficient" on 12.1.2009. Thereafter on 21.1.2009, the complainant issued a legal notice to the accused, which was returned with shara "refused". For having not paid the cheque amount, the complaint was registered.