ORDER :

The present petitioner was accused in C.C.No.4210/2008, in the Court of the learned XV Addl.Chief Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity referred to as the “trial Court”). By its judgment dated 27.11.2009, the trial Court convicted the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs. N.I.Act’) and was sentenced accordingly.

2. The summary of the case of the complainant in the trial Court is that the petitioner (accused) being an individual, approached the respondent (complainant) to sell the property bearing House List No.1, V.P.Khata No.317C, situated at Cholanayakanahlli Village, Kasaba Hobli, Bangalore North Taluk, Bangalore, New Corporation No.99, Chamundinagar Main Road, R.T.Nagar Post, Bangalore-32, measuring East to West 30 feet and North to South 40 feet, totally 1200 sq.ft. due to his unforeseen financial circumstances and inability to make proper repayment to the concerned bank where the accused had availed the loan. The complainant/respondent, having an affinity to the said property since she was holding the said property for a period of more than one year