MANJUNATHA WOOD WORKS Vs. A BABU

JUDGEMENT

(1.) This petition has been filed by the petitioners/accused challenging the judgment passed by the City Fast Track Court-IV, Bengaluru, in Criminal Appeal No.423/2012 dated 8.1.2015, whereunder the judgment of conviction passed by XIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.12230/2009 dated 19.6.2012 has been confirmed by dismissing the appeal.

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

(3.) The facts leading to the complaint are that since past five to six years complainant and accused were good friends. Because of the said relationship accused No.2 approached the complainant in the 1st week of December, 2008 seeking financial assistance of Rs.1,50,000/- assuring to repay the said loan amount after three months. When the complainant demanded to repay the said amount, accused has issued the cheque bearing No.299969 dated 19.3.2009 drawn on The National Cooperative Bank Limited, Koramangala Branch, Bangalore- 560095. When the said cheque was presented for encashment same was returned with the endorsement "funds insufficient" on 19.3.2009. Thereafter, a legal notice was issued on 28.3.2009. After service of notice the accused has issued untenable reply and has not paid the amount and as such a complaint was registered. Thereafter, the accused appeared and his plea was recorded.