The

revision

petitioner,

who

is

accused

in

C.C.No.384/2016 on the file of II Additional Civil Judge

and JMFC at Chikkamagaluru is impugning the judgment

of conviction and order of sentence dated 08.04.2019

convicting the accused for the offence punishable under

Section 138 of the Negotiable Instruments Act 1881 (for

short 'the NI Act') and sentencing him to pay fine of

Rs.3,50,000/- and in default to pay fine, to undergo simple

imprisonment for two months, which was confirmed in

Criminal Appeal No.104/2019 on the file of II Additional

District and Sessions Judge, at Chikkamagaluru.

- 3 -

2. For the sake of convenience the parties are referred

to as per their ranking before the trial Court.

3.

Brief facts of the case are that the complainant

lodged the private complaint in PCR No.500/2015 against

the accused alleging commission of the offence punishable

under Section 138 of NI Act. It is the contention of the

complainant that on 02.07.2015 the accused has received

a sum of Rs.3.00 lakhs from the complainant and to repay

the said loan, he has issued the post dated cheque bearing

No.919503 dated 06.07.2015. When the cheque was

presented for encashment, the same was dishono