IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JANUARY 2021

BEFORE

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL REVISION PETITION No.104 OF 2012

BETWEEN:

Sri. M. Subba Reddy

S/o. Late Munivenkatappa

Aged about 51 years

Advocate, R/at No.104,

Byrava Nilaya,

Hosakerehalli, B.S.K. 3rd Stage,

Bangalore - 560 085.

..Petitioner

(By Sri. Chandra Mohan J.G., Advocate)

AND:

Sri. Gangadhar,

S/o. Nanjundappa,

Aged about 34 years,

R/at. No.64, 8th Cross,

7th Main, Nagendra Block,

B.S.K. 1st Stage,

Bangalore - 560 050.

.. Respondent

(By Sri. Chandrashekar, Advocate)

****

This Criminal Revision Petition is filed under Section 397 of

Cr.P.C. praying to set aside the judgment and order passed by

the Presiding Officer, Fast Track (Sessions) Judge-V, Bangalore

City,

in

dismissing

the

Criminal

Appeal

No.96/2009

on

Crl.R.P.No.104/2012

2

02-12-2011, thereby confirming the judgment of conviction and

order

on

sentence

passed

by

the

XII

Additional

Chief

Metropolitan Magistrate, Bangalore City in C.C.No.18037/2007

dated 07-01-2009, convicting the petitioner for the offence

punishable under Section 138 of the Negotiable Instruments Act,

1881.

This Criminal Revision Petition coming on for Final Hearing,

through Physical Hearing/Video Conferencing Hearing this

day, the Court made the following:

O R D E R

The present petitioner as the accused was tried by the

Court of the learned XII Additional Chief Metropolitan Magistrate,

Bangalore, (hereinafter for brevity referred to as the “Trial

Court”), in C.C.No.18037/2007 for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881 (hereinafter

for brevity referred to as the “N.I. Act”) and was convicted for

the said offence by its judgment of conviction and order on

sentence dated 07-01-2009.

Aggrieved by the same, the accused preferred a Criminal

Appeal in the Court of the Fast Track (Sessions) Judge-V,

Bangalore City, (hereinafter for brevity referred to as the

“Sessions Judge’s Court”) in Criminal Appeal No.96/2009.

Crl.R.P.No.104/2012

3

The appeal was contested by the respondent who was the

complainant in the Trial Court. The Sessions Judge’s Court in its

order dated 02-12-2011 dismissed the appeal, confirming the

judgment of conviction and order on sentence passed by the

Trial Court dated 07-01-2009 in C.C.No.18037/2007.

Aggrieved by the said judgment, the accused has preferred

this revision petition.

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

Court is that during the year 2006, the accused in order to meet

his commitments had taken a loan of a sum of `2,00,000/- from

him, assuring him that he would return the same within a period

of four months. Accordingly, the loan was given to him on

22-08-2006. At the demand made by the complainant for the

repayment of the loan, the accused issued him a cheque bearing

No.714748 on 19-02-2007 drawn on State Bank of India,

Basavanagudi

Branch,

Bangalore-560004,

for

a

sum

of

`2,00,000/-. When the said cheque was presented for its

realisation, the same came to be dis-honoured with the banker’s

endorsement ‘funds insufficient’. It is thereafter the complainant

got issued a legal notice on 17-03-2007, calling upon the

Crl.R.P.No.104/2012

4

accused to pay the cheque amount. However, the accused sent

an untenable reply denying his liability to make good the cheque

amount. This constrained the complainant to institute a case

against the accused for the offence punishable under Section 138

of the N.I. Act.

3. The accused appeared in the Trial Court and contested

the matter through his counsel. He pleaded not guilty and

claimed to be tried, as such, the Trial Court proceeded to record

the evidence wherein the complainant got himself examined as

PW-1 and got marked Exhibits P-1 to P-8 and