The revision petitioner–accused in CC No.9068/2018

on the file of the learned XV Additional Chief Metropolitan

Magistrate, Bengaluru (hereinafter referred to as ‘the trial

court’ for the brevity), is impugning the judgment of

conviction and order of sentence dated 28.01.2020,

convicting him for the offence punishable under Section

138 of Negotiable Instrument Act, 1881 (‘NI Act’ for short)

and sentencing him to pay fine of Rs.13,35,000/-, in

default to under-go simple imprisonment for six months,

which was confirmed in Crl.A.No.336/2020 on the file of

the learned LXIII Additional City Civil and Sessions Judge,

(CCH-64), Bangalore (hereinafter referred to as ‘the First

Appellate Court’ for brevity) vide its judgment dated

08.07.2022.

2.

For the sake of convenience, the parties are

referred to as per their rank and status before the trial

court.

- 3 -

3.

Brief facts of the case are that, the accused and

his wife Bhagya were known to the complainant since

several years. The accused and his wife Bhagya are the

absolute owners of the schedule property bearing No.41,

Ward No.99, Old No.64, PID No.99-114-41, situated at

Rajmahal Guttahalli, A.K.Colony, Bangalore measuring

East to Wes