ORDER

CONFIRMING THE ABOVE SAID ORDER OF THE TRIAL COURT,

PASSED IN CRL. APPEAL No.25038/2018 DATED 29.11.2018 BY

THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,

BENGALURU.

THIS CRIMINAL REVISION PETITION COMING ON FOR

ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 397 read with Section

401 of Cr.P.C., praying to call for the records and set aside the

judgment of conviction and order on sentence dated 20.02.2018

in C.C.No.54261/2014 passed by the LVII Additional ACMM,

Bengaluru and the judgment and order dated 29.11.2018 in

Criminal Appeal No.25038/2018 passed by the IV Additional City

Civil & Sessions Judge, Bengaluru and grant such other relief as

deems fit in the facts and circumstances of the case.

2.

Heard the learned counsel appearing for the

petitioner and the learned Counsel appearing for the respondent.

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3.

The factual matrix of the case of the complainant is

that the accused/revision petitioner has sought financial

assistance of Rs.2,00,000/- on 23.01.2014 for his domestic

problem and business. The complainant advanced a sum of

Rs.2,00,000/- in cash on 24.01.2014. The accused assured to

repay the said amount within a month and issued a cheque.

When the cheque was presented, the same was returned with an

endorsement as <Insufficient Funds=. Thereafter, a legal notice

was issued to the accused. In spite of service of notice, the

accused failed to comply with the notice and not come forward

to pay the cheque amount. Hence, a private complaint was filed

and cognizance was taken.

4.

The complainant in order to substantiate her

contention examined herself as P.W.1 and got marked the

documents Exs.P1 to P6. The accused also examined himself as

DW.1 and got marked the document as Ex.D1.

5.

The Trial Court after considering both oral and

documentary evidence placed on record convicted the petitioner

herein and sentenced to pay a fine of Rs.5,000/-. In default to

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pay the fine amount, the accused shall undergo simple

imprisonment for a period of three months. Acting under

Section 357 of Cr.P.C., the compensation is awarded and the

accused shall pay compensation of Rs.3,46,000/- to the

complainant. In default to pay compensation, the accused shall

undergo simple imprisonment for a period of one year. Being

aggrieved by the said judgment of conviction and order on

sentence, an appeal was filed in Crl.A.No.25038/2018. The

Appellate Court on re-appreciation of evidence comes to the

conclusion that Ex.P1 is admitted by the petitioner herein and

taken note of Exs.P2 to P6 by drawing the presumption under

Section 139 of the N.I. Act, confirmed the order of the Trial

Court. Hence, the present revision petition is filed before this

Court.

6.

The

main

contention

of

the

learned

counsel

appearing for the petitioner before this Court is that the Trial

Court has committed an error in not considering the factors like

the awarding reasonable opportunity to cross-examine the

complainant in order to rebut the presumption which was not

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being given to the petitioner when an application is filed before

the Trial Court for further examination of the witness and the

same was rejected. The learned counsel also would submit that

the complainant was not having any financial capacity to pay the

amount of Rs.2,00,000/-. In spite of it, the Trial Court has

convicted the petitioner. The complainant has not discharged his

initial burden. Hence, ought to have acquitted the petitioner.

The Trial Court committed an error by venturing in to compare

the signatures that too when the signatures are disputed and in

the absence of obtaining the expert opinion it ought not to have

held that the petitioner guilty by assuming the things which

clearly shows the Trial Courts have not acted judiciously. Hence,

it requires an interference of this Court.

7.

Per contra, the learned counsel appearing for the

respondent/complainant would submit that P.W.1 was cross-

examined and subsequently an appli