THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION, SENTENCE AND FINE IMPOSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE, KOLAR VIDE JUDGMENT AND ORDER DATED 13.03.2019 PASSED IN C.C.NO.746/2018 BY CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF NI ACT AND SENTENCED HIM TO PAY FINE OF RS.1,30,000/- IN DEFAULT THE PETITIONER SHALL UNDERGO S.I FOR 6 MONTHS AND JUDGEMENT AND ORDER DATED 05.03.2021 PASSED IN CRLA..NO.35/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR AND BY DISMISSING THE APPEAL. THE PETITIONER BE PLEASED TO ACQUIT FOR THE OFFENCE P/U/S 138 OF N.I ACT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.Srinatha B. V., learned counsel appearing on behalf of Sri.Nanjunda Gowda M. R., learned counsel for the revision petitioner and Sri.J.Umesh Reddy, learned counsel appearing on behalf of Sri.B.Visweswaraiah, learned counsel for the respondent.

2. Accused who has suffered an order of conviction in CC No.746/2018 dated 13.03.2019 for the offence punishable under Section 138 of the Negotiable Instruments Act which was confirmed Crl.A.No.35/2019 is the revision petitioner.

3. Facts in the nutshell which are utmost necessary for disposal of the revision petition are as under:

3.1. A private complaint came to be filed under Section 200 of Cr.P.C. alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act by contending that accused being the employee of Vijaya Bank, was acquainted with the complainant and he borrowed sum of Rs.1,25,000/- as hand loan to meet his immediate financial requirements with an assurance that he would repay the same within short period of time.

3.2. Towards repayment of the said hand loan, a cheque bearing No.2368070 dated 18.05.2011 came to be issued which on presentation came to be dishonored with an endorsement ‘funds insufficient’. A statutory notice was caused by the complainant to the accused as is contemplated under Section 138 of the Negotiable Instruments Act demanding payment which was duly served and an untanable reply came to be issued. Thereafter, complainant sought for action against the accused.

4. Learned Trial Magistrate after completing necessary formalities, recorded the evidence of the complainant wherein he got examined himself as P.W.1 and placed on record seven documents which were exhibited and marked as Exs.P.1 to 7.

5. As against the oral and documentary evidence placed on record, accused got examined himself as D.W.1 and reiterated the contents of the reply notice.

6. On conclusion of recording of the evidence, accused statement as is contemplated under Section 313 of Cr.P.C. is recorded and thereafter, learned Trial Magistrate heard the arguments of the parties in detail and convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act and imposed sum of Rs.1,30,000/- as fine amount of which sum of Rs.1,25,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.5,000/- towards defraying expenses of the State.

7. Being aggrieved by the same, accused filed an appeal before the First Appellate Court in Crl.A.No.35/2019.

8. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and by considered judgment dated 05.03.2021, dismissed the appeal filed by the accused and confirmed the order of conviction and sentence.

9. Being further aggrieved by the same, accused is before this Court, in this revision petition.

10. Learned counsel for the revision petitioner reiterating the grounds urged in the petition vehemently contended that cheque was not issued to the complainant and it was issued to Adinarayana which has been misused by the complainant in active coll