ORDER :

The revision petitioner has assailed the impugned judgment of conviction and order of sentence dated 04.12.2012 passed in CC No.651 of 2010 on the file of the learned Civil Judge and JMFC, Molakalmuru, (for short ‘the Trial Court’), which was confirmed vide judgment dated 07.02.2015 passed in Crl.A.No.2 of 2013 before the learned Additional District and Sessions Judge, Chitradurga, (for short ‘the Appellate Court’) and the petitioner herein was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) and he was sentenced to pay a fine of Rs.3,10,000/-and in default to pay fine, to undergo simple imprisonment for a period of six months.

2. Brief facts of the case are that, the respondent herein as complainant contended that he had paid hand loan of Rs.3,00,000/-to the accused during the last week of January, 2010 and towards repayment of the said loan amount, the accused has issued Ex.P1 – cheque on 22.03.2010 for Rs.3,00,000/-. The said cheque was presented for encashment by the complainant through his banker, but the cheque was dishonored as there was ‘insufficient funds’. The same was communicated to the complainant