BHAKTHA KUMAR Vs. SAVI K. JAIN

JUDGEMENT

(1.) The present criminal revision petition has been preferred by the petitioner/accused being aggrieved by the Judgment passed by LIX Additional City Civil and Sessions Judge, Bengaluru City, in Criminal Appeal No.649/2015 dated 9.10.2015, whereunder the judgment of conviction and order of sentence passed by XVIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.10476/2013 dated 6.4.2015 was confirmed.

(2.) I have heard the learned counsel for the petitioner/accused and the learned counsel for the respondent/complainant.

(3.) The case of the complainant in brief is that the father of the petitioner/accused has borrowed a sum of Rs.25 Lakhs as a loan from the complainant and he was unable to repay the said loan amount to the complainant. A meeting was held on 28.8.2012 in the presence of accused and his father and at that time accused agreed to repay the said loan amount and accused issued the cheque for a sum of Rs.25 Lakhs dated 31.12.2012 towards discharge of the debt. When the said cheque was presented for encashment, the same was dishonoured with a shara 'account closed'. Thereafter, a legal notice was issued demanding the said amount on 16.4.2013, the same was served on the accused. Accused has neither paid the amount nor given any reply, as such a complaint was registered under Section 138 of the Negotiable Instruments Act, (hereinafter called as 'the Act' for short). The lower Court took cognizance, secured the presence of the accused, recorded his plea, he denied the charges.