This Criminal Revision Petition under Section 397 of Code

of Criminal Procedure, 1973 (for short 'Cr.P.C') is filed by the

accused challenging the judgment and order of conviction and

sentence passed by the Court of XXII ACMM, Bengaluru (for

short the 'Trial Court) in C.C.No.32009/2009 dated 03.04.2014

and the judgment and order passed by Court of LVIII Addl. City

Civil & Sessions Judge, Bengaluru (for short the 'Appellate

Court') in Crl.A.No.439/2014 dated 01.08.2015.

2.

Heard the learned counsel appearing for the

petitioner and learned counsel for the respondent.

3.

Facts leading to filing of this petition as revealed

from the records narrated briefly are, the respondent-

complainant had filed a private complaint under Section 200 of

Cr.P.C., against the petitioner for the offence punishable under

Section 138 of Negotiable Instruments Act, 1881 ( for short,

the 'Act') contending that the petitioner had borrowed a hand

loan of Rs.2 lakhs from him during the first week of September,

2008 and towards repayment of the said amount, he had

issued a cheque bearing no.265819 dated 06.04.2009 drawn

on State Bank of Mysore, Vyalikaval Branch, Bangalore in

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favour of the responden