This revision petition is filed by the revision

petitioner / accused under Section 397 and 401 of

Code of Criminal Procedure, 1973 (hereinafter referred

to as 'Cr.P.C' for short) challenging the judgment of

conviction

and

order

of

sentence

passed

in

C.C.No.36239/2010 on the file of XXI Additional Chief

Metropolitan Magistrate, Bangalore dated 30.07.2014

and confirmed by LVIII Additional City Civil and

Sessions Judge Bangalore in Crl.A.No.856/2014.

2.

For the sake of convenience, the parties

herein are referred with original ranks occupied by

them before the trial Court.

3.

The brief factual matrix leading to the case

are as under:

3

That the complainant and accused are known to

the each other for past 30 years and they are distant

relatives. That accused engaged in the business of

textiles in readymade garments and he approached the

complainant for temporary financial assistance due to

global

recession

for

running

his

business

and

complainant has advanced loan of Rs.5 Lakhs payable

on demand within two months. On persistent demand,

the accused has issued a cheque bearing No.034976

dated 17.05.2010 for Rs.5 Lakhs and when the said

cheque

was

presented,

it

was

returned

with

endorseme