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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL REVISION PETITION NO.611/2019

BETWEEN:

BHARATHI M.R.

W/O RAMESH BABU,

AGED ABOUT 37 YEARS,

R/AT #524, 4^TH MAIN,

2^ND CROSS, KAMALANAGAR,

BENGALURU-560079.

ALSO AT

R/AT 1^ST FLOOR,

#512, 4^TH MAIN, 2^ND CROSS,

KAMALANAGAR,

BENGALURU-560079.

& PETITIONER

(BY SRI ASHWATH C.M. ADVOCATE)

AND:

LATHA P.

W/O LOKESH,

AGED ABOUT 37 YEARS,

R/AT # 357, 3^RD CROSS,

1^ST MAIN, MULAKATTAMMA

TEMPLE ROAD,

KAMALANAGAR,

BENGALURU-560079.

& RESPONDENT

(BY SRI PAVAN KUMAR Y DHONGDE, ADVOCATE)

THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W

401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER

PRAYING TO SET ASIDE THE JUDGMENT DATED 19.01.2019

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PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE BANGALORE IN CRL.A.NO.1812/2017

AND THE JUDGMENT DATED 29.11.2017 PASSED BY THE

XXII A.C.M.M.. BANGALORE IN C.C.NO.2882/2017 AND

ETC.,

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The present Criminal Revision Petition is preferred

under Sections-397 and 401 of Cr.P.C., questioning the

legality and propriety of the judgment of conviction and

order on sentence passed in C.C.No.2882/2017, dated

29.11.2017, by the XXII Additional Chief Metropolitan

Magistrate Court at Bengaluru (8Magistrate9 for brevity)

which is confirmed in Criminal Appeal No.1812/2017, dated

19.01.2019, by the LXVII Additional City Civil and Sessions

Judge at Bengaluru (8Sessions Court9 for brevity).

2.

The petitioner3accused was convicted for the

offence

punishable

under

Section-138

of

Negotiable

Instruments Act (for brevity 8N.I. Act9), and was imposed

fine amount of Rs.3,00,000/- (Rupees Three Lakh only) and

in default to pay the said amount, to undergo simple

imprisonment for a period of two months, which is

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confirmed in the criminal appeal. Hence, the present

revision petition is filed.

3.

It is stated that the complainant and the

accused are known to each other. The accused is running a

provision store. It is stated that on 28.05.2015, the

accused approached the complainant and requested a sum

of Rs.3,00,000/- for the purpose of taking the shop on

lease. Accordingly on 28.05.2015, the complainant had paid

a sum of Rs.3,00,000/- to the accused in cash. It is stated

that the accused assured the said amount will be repaid

within a period of two months. It is stated that the accused

had not repaid the said amount within two months and

therefore, when the complainant started requesting and

demanding the accused to repay the amount and the

accused issued a cheque, at Exhibit-P1. When the said

cheque was presented to the Bank, it was dishonored for

the reason 8funds insufficient9 and issued endorsements at

Exhibits-P2 and P3.

4.

After compliance of all the required procedure,

a legal notice dated 07.12.2016 was issued, since the

accused did not repay the amount. Thereafter, the

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complainant was constrained to file a complaint under

Section-200 of Cr.P.C., before the learned Magistrate the

accused was present and he contested the case. The

accused was examined under Section3313 of Cr.P.C., and

denied all the incriminating material revealed, during the

course of evidence of PW-1 - Complainant.

5.

The complainant herself was examined as PW-1

along with two witnesses viz., PW-2 and PW-3 and

produced documents at Exhibit-P1 to Exhibit-P9. The

accused herself was examined as DW-1 and got marked

Exhibit-D1 to D4.

6.

The accused also produced both oral and

documentary

evidence.

The

learned

Magistrate

after

appreciating the oral and documentary evidence on record,

has convicted the accused and imposed a fine amount of

Rs.3,00,000/- (Rupees Three Lakh Only) and in default to

pay the said amount, simple imprisonment for a period of

two months was ordered.

7.

Being aggrieved