ORDER :

(G. Basavaraja, J.)

This revision petitioner had preferred this revision petition against the judgment of conviction and order of sentence passed by the XXII Additional Chief Metropolitan Magistrate, Bangalore City in C.C.No.10589/2015 dated 25.02.2016 (for short hereinafter referred as 'trial Court'), which is modified by the LXIII Additional City Civil and Sessions Judge, Bangalore in Crl.A.No.306/2016 dated 13.03.2017 (for short hereinafter referred as 'Appellate Court').

2. The rank of the parties in this petition are referred to as per their status before the trial Court.

3. Brief facts of the complainant's case are that:

The complainant and accused are known to each other. The accused being the owner/proprietor of Sri Ganesh Travels situated at Nagasandra circle, Basavanagudi, Bangalore, taking undue advantage of the friendship, the accused approached the complainant during the month of July, 2012 for financial assistance of Rs.2,00,000/- for the purpose of day to day necessities and also to improve his travels business. The complainant understood the difficulties and paid a sum of Rs.2,00,000/- as a hand loan by way of cash on 30-08-2012. At time of receiving the said