RANGANATH G. Vs. SUDEENDRA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused challenging the judgment dated 20.1.2015 passed by the Fast Track Court-II, Bengaluru City, in Criminal Appeal No.580/2014 whereunder the judgment passed by the 19th Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.27856/2009 dated 8.5.2014 was confirmed by dismissing the appeal.

(2.) I have heard the learned counsel for the respondent/complainant. Though several opportunities were given, the learned counsel for the petitioner/accused is absent. As the criminal revision petition cannot be dismissed for default, the same is taken up on merits and disposed of by this order.

(3.) The facts leading to the complaint are that the accused approached the complainant for financial assistance of hand loan of Rs2,00,556/- for improvement of his business and on request he advanced the said amount by way of cash in the 1st week of March 2009. On several demands accused issued cheque bearing No.014204 dated 13.04.2009 for a sum of Rs.50,566/- for part payment. The complainant presented the said cheque for encashment and the said cheque returned dishonoured with shara 'funds insufficient' on 15.4.2009. Thereafter, he got issued the notice. The complainant again called upon the accused and insisted him to pay balance loan amount. Accused issued the second cheque bearing No.014208 dated 24.4.2009 for a sum of Rs.1,50,000/- drawn on Canara Bank, Basaveshwara Nagar Branch, Bengaluru- 560079. The said cheque was presented for encashment through Koramangala Branch, Bengaluru and it was also returned with a shara 'funds insufficient' on 10.8.2009. Thereafter, again a legal notice was also issued on 5.9.2009. The said notice was received and served to the accused on 5.9.2009. In spite of the legal notice, the amount was not paid and as such the complaint was registered. Thereafter, accused appeared and his plea was recorded and complainant was got examined himself as PW1 and got marked 14 documents and also examined two witnesses as PWs.2 and 3. Thereafter statement of the accused under Section 313 was recorded and accused examined himself as DW1 and got marked documents Exs.D1, D1a and D1b, thereafter, after hearing the impugned order came to be passed.