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2025 Supreme(Online)(Kar) 18521

KARNATAKA HIGH COURT
SHIVASHANKAR AMARANNAVAR, J
B N BASAVARAJU – Appellant
Versus
LAKSHMINARAYANA MURTHY RAJASHRI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. NARENDRA GOWDA
For the Respondents: SRI. DAYANAND S PATIL

Table of Content
1. legal enforceability of debt and evidence (Para 1)
2. borrowing and dishonour of cheque (Para 3 , 4 , 5)

ORAL ORDER

This Criminal Revision Petition is directed against the judgment dated 16.06.2017 passed in Crl.A.No.55/2014 by the II Additional District and Sessions Judge, Hassan wherein judgment of conviction dated 28.03.2014 passed in C.C.No.1359/2012 by the Additional Civil Judge and JMFC, Arasikere convicting the petitioner –accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I Act” for brevity) and sentencing him to pay fine of Rs.3,02,000/- (rupees Three Lakhs Two Thousand only) and in default to undergo simple imprisonment for a period of one year has been affirmed.

2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. The case of the respondent –complainant before the trial Court was that the respondent –complainant and petitioner –accused are known to each other since many years. The petitioner –accused has approached the complainant on 23.10.2011 and borrowed a sum of Rs.3,00,000/- (rupees Three Lakhs only) by agreeing to repay the same within three months

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