IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL 2021

BEFORE

THE HON9BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL REVISION PETITION No.357 OF 2015

BETWEEN:

Smt.Jayalakshmi B,

W/o Janardhan N. Badigere,

Aged about 50 years,

Assistant Teacher,

R/a No.51, Nandan Garden,

Sun City Road,

Kengere New Town,

Bangalore-560 050.

.. Petitioner

( By Smt.Shwetha P. & Sri S.M.Shivabeeraiah,

Advocates)

AND:

Sri Neelakantappa,

S/o Venkataramanappa,

Aged about 55 years,

R/a No.46/4, 4^th Cross,

Ranganathapura,

Kamakshipalya,

Bangalore-560 079.

.. Respondent

( By Sri S.V.Manjunatha, Advocate )

This Criminal Revision Petition is filed under Section 397

read with Section 401 Cr.P.C. praying to call for entire records

in Crl.A.No.1045/2014, on the file of Presiding Officer, Fast

Crl.RP.No.357/2015

2

Track Court, Bangalore, and in C.C.No.32000/2009, on the file

of the XXII Addl.Chief Metropolitan Magistrate, Bangalore and

to set aside the judgment Crl.A.No.1045/2014, passed by the

Presiding Officer, Fast Track Court, Bangalore, dated

12.03.2015

and

to

set

aside

the

judgment

in

C.C.No.32000/2009, passed by the XXII Addl.Chief Metropolitan

Magistrate, Bangalore, dated 25.08.2014, by allowing this

petition.

This Criminal Revision Petition having been heard through

Physical Hearing/Video Conferencing Hearing and reserved on

16.04.2021, coming on for pronouncement of orders this day,

the Court made the following:

ORDER

The

present

petitioner

was

accused

in

C.C.No.32000/2009, in the Court of the learned XXII Addl.Chief

Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity

referred to as the <trial Court=). By its judgment dated

25.08.2014, the trial Court convicted the accused for the

offence punishable under Section 138 of Negotiable Instruments

Act, 1881, (hereinafter for brevity referred to as `N.I.Act9) and

was sentenced accordingly.

2. The summary of the case of the complainant in the trial

Court is that the accused is the owner of an immovable

Crl.RP.No.357/2015

3

property bearing No.207, situated at BBMP Ward No.36,

Bengaluru, which she intended to sell to the buyers. The

complainant agreed to purchase the same for a sale

consideration of `15,25,000/-, in which regard, Sale Agreement

was entered into between them on 01.09.2007, whereunder,

the complainant paid a sum of `5,20,000/- as an advance

amount to the accused. It is also the case of the complainant

that the accused had borrowed a loan of `13,50,000/- from the

Canara Bank and was unable to repay the said loan, as such, at

the request of the accused and her husband, he paid a sum of

`4,70,000/- to them by way of cash to discharge the said loan

raised by the accused. While availing the said loan, the accused

and her husband entered into an Agreement dated 19.09.2008

and

undertook

to

repay

the

same

on

or

before

06.03.2009, however, the accused did not repay the loan

amount. When the repayment was demanded, the accused

issued a cheque to the complainant bearing No.534292, dated

28.05.2009, drawn on ING Vysya Bank Ltd., Sadashivanagar

Branch, Bengaluru, for a sum of `5,31,875/-, in favour of the

complainant. When the said cheque was presented by the

complainant for its realisation, the same came to be returned

Crl.RP.No.357/2015

4

dishonoured with the Banker9s shara as <funds insufficient=.

Thereafter, the complainant issued a legal notice to the accused

demanding the payment of the cheque amount. Since the

accused did not meet the demand made in the notice, the

complainant was constrained to file a criminal case against her

for the offence punishable under Section 138 of N.I.Act in the

trial Court.

3. Since the accused pleaded not guilty, charges were

framed against the accused for the alleged offence.

4. In order to prove his case, the complainant got himself

examined as PW.1 and got marked documents from Exs.P-1 t