1. The XVI Additional Chief Metropolitan Magistrate, Bangalore City, on 06.07.2011, convicted both the accused in C.C.No.15622/2008, a case related to the dishonour of cheque/s, under S.138 of Negotiable Instruments Act, 1881 (for short ‘the Act’) and sentenced the accused to pay fine of Rs.4,02,000/-, Rs.4,00,000/-, from the fine amount, when realized, was ordered to be paid to the complainant as compensation. In default of payment of the compensation amount, the accused were ordered to undergo S.1 for a period of 4 months. Crl.A.No.577/2011 filed, thereagainst, in the City Civil and Sessions Court, Bangalore City, assigned to the Fast Track (Sessions) Court-XVII, was dismissed by a Judgment dated 30.11.2011. Assailing the said Judgments and Orders, petitioner/accused No.2, has filed this criminal revision petition.

2. The respondent filed a private complaint against one N.Bharat Shetty and the petitioner, Managing Director and Director respectively of a company, M/s Canara Polypack ltd., (for short ‘company’) for the offence punishable under S.138 of the Act, alleging that, for the purpose of the company, the accused borrowed Rs.4,00,000/-and towards repayment of the loa