This criminal revision petition under Section 397 read

with Section 401 of Cr.P.C. is filed by the accused

challenging the judgment of conviction and order of sentence

passed by the Principal Senior Civil Judge and JMFC,

Bhadravathi in CC No.89 of 2022 dated 22.04.2022 and the

judgment dated 14.11.2022 passed by the IV Additional

District

and

Sessions

Judge,

Shivamogga,

sitting

at

Bhadravathi in Crl.A.No.5015/2022.

2.

Heard the learned counsel for the petitioner and

learned counsel for the respondent.

3.

Facts leading to filing of this criminal revision

petition narrated briefly are:

Respondent/complainant had filed a private complaint

against the petitioner for the offence punishable under

Section 138 of Negotiable Instrument Act contending that

the

petitioner

had

borrowed

a

sum

of

Rs.5 lakhs from him in the month of September 2016 which

- 3 -

was transferred by him to the Bank Account of the petitioner

and towards repayment of the said amount, the petitioner

had issued a cheque bearing No.536188 dated 10.12.2017 in

his favour for a sum of Rs.5 lakhs. On presentation of the

said cheque, the same was dishonoured by the drawee Bank

with

banker’s

endorsement

"Funds

Insufficient".

The

respondent therefore got issued a legal notice 04.04.2018.

Despite service of notice, the petitioner had not paid the

amount covered under the cheque in question but, he gave

an evasive reply. It is in this circumstances, the respondent

filed a private complaint against the petitioner for the offence

punishable under Section 138 of Negotiable Instrument Act.

4.

In the said proceedings, the petitioner had

appeared before the trial court and pleaded not guilty.

5.

To prove his case, the complainant had examined

himself as PW1 and got marked 14 documents as Exs.P-1 to

P-14.

The

petitioner

had

denied

the

incriminating

circumstances available against him on record during

recording of his statement under Section 313 of Cr.P.C.

- 4 -

6.

The trial Court thereafter heard the arguments

addressed on both sides and by its judgment and order

dated 22.04.2022 convicted the accused for the offence

punishable under Section 138 of Negotiable Instrument Act

and sentenced him to pay a fine of Rs.5,00,000/- and in

default to undergo simple imprisonment for a period of 6

months.

7.

The said judgment and order of conviction and

sentence passed by the trial court was confirmed by the

appellate Court in Crl.A.No.5015/2022 on 14.11.2022. It is in

this factual background, the petitioner is before this Court.

8.

Learned counsel for the petitioner submits that

the Courts below have erred in convicting the petitioner for

the offence punishable under Section 138 of Negotiable

Instrument Act. He further submits that an amount of

Rs.2,50,000/- was paid by the petitioner to the respondent

and the said defence raised by him has not been properly

appreciated by the Courts below. Accordingly, he prays to

allow the criminal revision petition.

- 5 -

9.

Learned counsel for the respondent has argued

in support of the impugned judgment and order of the

conviction and sentence passed by the Courts below and

prays to dismiss the criminal revision petition.

10.

I

have

carefully

considered

the

arguments

advanced by learned counsel on both sides and also perused

the material on record.

11.

The complainant in order to substantiate his case

had examined himself as PW-1 and got marked 14

documents as Exhibits P-1 to P-14.

12.

The cheque in question issued to the petitioner by

the respondent is marked as Ex.P-1 and the signature found

in the cheque and also the contents of the cheque are not

seriously disputed by the petitioner.

13.

It is also not in dispute that the said cheque was

drawn on the account of the petitioner maintained by him in

SBI, Basaveshwara Nagar Branch, Bengaluru. The amount

of Rs.5 lakhs was paid by the respondent/complainant to the

- 6 -

petitioner through bank transaction and the same is

established before the trial Court by producing the account

statem