RAJAIAH Vs. K S CHOWDAMMA

JUDGEMENT

(1.) This revision petition is filed by the petitioneraccused under Sections 397 and 401 read with Section 482 of Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 08.12.2010 passed by the Presiding Officer, Fast Track Court-II, Tumkur, in Criminal Appeal No.174/2008, confirming the judgment of conviction and sentence dated 22.10.2008 passed by the I Additional Civil Judge (Jr.Dn.,) and JMFC, Tumkur, in CC No.2375/1995.

(2.) The petitioner is accused and respondent is complainant before the Trial Court. The ranks of the parties before the Trial Court are retained for the sake of convenience.

(3.) The factual matrix of the case before the Trial Court is that the accused/petitioner approached the complainant for financial assistance and borrowed Rs.1,45,000/- from her for the purpose of developing the property which was purchased in the name of his wife with an assurance to return the same within two months, but the accused failed to repay the loan amount. When the complainant requested the accused for return of the money, the accused gave him a cheque dated 25.05.1995 for Rs.1,45,000/- drawn on United Commercial Bank, Tumkur, with an assurance that the cheque would encash on its presentation. Accordingly, the complainant presented the cheque on 23.06.1995, but the same was returned with a shara as 'funds insufficient'. Then a notice came to be issued and the same was received by the accused, but he failed to repay the loan within the prescribed time. Hence, the complainant filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ("N.I. Act" for short) before the II Additional Civil Judge (Jr. Dr.) and JMFC-III, Tumkur and the accused appeared before the Court, pleaded not guilty and claimed to be tried. Therefore, the complainant examined her Power of Attorney Holder as PW.1 and another witness as PW.2 and got marked six documents as per Exs.P.1 to P.6. The accused got himself examined as DW.1 and got marked two documents as per Exs.D.1 and D.2. The statement of the accused under Section 313 of Cr.P.C. was recorded. The case of the accused was one of total denial. After hearing learned counsel on both sides, the Trial Court found the accused guilty of the offence punishable under Section 138 read with Section 142 of the N.I. Act and sentenced him to undergo simple imprisonment for a period of six months and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of three months and further directed to pay Rs.2,00,000/- to the complainant as compensation within three months from the date of the said order.