The

revision

petitioner

-

accused

in

CC No.21050/2017 on the file of the XIII Additional Chief

Metropolitan Magistrate, Bangalore (hereinafter referred to

as 'the trial Court' for brevity), is impugning the judgment

of conviction and order of sentence dated 03.04.2019,

convicting him for the offence punishable under Section

138 of the Negotiable Instrument Act, 1881 ('NI Act' for

short) and sentencing to pay fine of Rs.5,50,000/- in

default, to undergo simple imprisonment for one year,

which was confirmed in Crl.A.No.1037/2019 on the file of

the learned LXVIII Additional City Civil and Sessions

Judge, Bengaluru City, (hereinafter referred to as 'the First

Appellate Court' for brevity) vide its judgment dated

23.01.2023.

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

complainant filed Private complaint in PCR.No.7511/2017

before the trial court against the accused for the offence

punishable under Section 138 of NI Act and requesting to

take legal action against the accused. The learned

Magistrate

took

cognizance

of

the

offence

and