IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL REVISION PETITION NO.76 OF 2015

BETWEEN:

SRI.ETHIRAJ RAJASHEKAR

SON OF ETHIRAJ

AGED ABOUT 49 YEARS

RESIDING AT SETTLER GRACE

FOUNDATION, NO.19/1, ‘F’ STREET

BENGALURU-560 005.

... PETITIONER

(BY SRI:H.MALLAN GOUD, ADVOCATE (PH))

AND:

SMT.RITA THOMAS

WIFE OF LATE.R.THOMAS

AGED ABOUT 39 YEARS

RESIDING AT NO.49

KALKERE MAIN ROAD

KALKERE UPANAGAR, KALKERE

HORAMAVU POST

BENGALURU-560 043.

...RESPONDENT

(BY SRI:LAKSHMI IYENGAR, SENIOR COUNSEL FOR

SRI:N.GOUTHAM RAGHUNATH, ADVOCATE (PH))

THIS CRIMINAL REVISION PETITION FILED UNDER

SECTION 397 READ WITH 401 CR.P.C. PRAYING THAT TO SET

ASIDE THE JUDGMENT AND ORDER PASSED BY THE HON’BLE

XVII ADDL. SMALL CAUSES JUDGE AND XXV-ACMM AT MAYO

HALL,

BANGALORE

IN

C.C.NO.27325

OF

2011

DATED

13/12/2013 AND JUDGMENT AND ORDER PASSED BY THE

HON’BLE PRESIDING OFFICER AND ADDL.SESSIONS JUDGE,

FTC-III, MAYOHALL, BANGALORE IN CRL.A.NO.25006 OF 2014

DATED 22/09/2014.

THIS CRIMINAL REVISION PETITION COMING ON FOR

FINAL

HEARING

THIS

DAY,

THE

COURT

PASSED

THE

FOLLOWING:

O R D E R

This revision petition is preferred by the accused

seeking to set aside the impugned judgment of conviction

and order of sentence dated 13/12/2013 passed in

C.C.No.27325 of 2011 on the file of XVII Additional Small

Causes and XXV Additional Chief Metropolitan Magistrate,

Mayohall unit, Bengaluru, (for short ‘the trial Court’)

convicting him for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881 (for short ‘NI

Act’) and sentencing him to undergo simple imprisonment

for a period of one year, to pay a fine of Rs.14,00,000/-,

which was confirmed in Criminal Appeal No.25006 of 2014

vide judgment dated 22/09/2014 on the file of Fast Track

Court-III, Mayohall, Bengaluru.

2.

Brief facts of the case are that, the complainant

filed private complaint in P.C.R.No.9877 of 2010 before the

Trial Court against the accused alleging commission of the

offence punishable under Section 138 of the NI Act. It is

contended by the complainant that, she is the Secretary of

an organization by name Need Trust. It is a charitable

trust, which helps orphans and homeless children. The

accused is the settler for a charitable organization by name

Grace Foundation. The complainant and the accused

acquainted with each other as they were in similar field of

social work.

3.

It is stated that during February 2009, the

accused has approached the complainant to extend the

financial help of Rs.7,00,000/- to pay off his creditors. He

promised that the amount will be repaid as he is expecting

funds from oversea donors. Believing the words of the

accused, the complainant lent a sum of Rs.7,00,000/- to

the accused. Even though the accused had promised to

repay the same, the complainant developed suspicion

about his credibility and she started demanding return of

the amount. The complainant approached the jurisdictional

police regarding the fraud committed by the accused in not

repaying the amount. The accused had given an

undertaking in writing to repay the loan amount of

Rs.7,00,000/-. Subsequently, the accused issued the

cheque

bearing

No.105892

dated

12/09/2010

for

Rs.7,00,000/- and stated that he received the funds from

overseas

and

the

cheque

could

be

presented

for

encashment. Accordingly, the complainant presented the

cheque for encashment with her banker. But the cheque

was dishonored, as there was insufficient funds in the

account of the accused. The complainant issued the legal

notice informing the accused regarding dishonor of the

cheque and calling upon him to pay the cheque amount.

The accused has received the legal notice without demur.

Thereby, he has committed the offence punishable under

Section 138 of NI Act. The complainant requested the Trial

Court