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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

ON THE 20^TH DAY OF NOVEMBER 2020

BEFORE

THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

CRL.R.P.NO.100161 OF 2019

BETWEEN

SHRI.FRIENDS MOBILE WORLD

R/O BUS STAND BESIDES I.C.I.C.I. BANK

SAUNDATTI, R/BY ITS PROPRIETOR,

SHRI.PRAVEEN BASAPPA ANTAKANNAVAR,

AGE: 31 YEARS, OCC: BUSINESS,

R/O: HOOLI,

TQ: SAUNDATTI, DIST: BELAGAVI.

...PETITIONER

(BY SRI. S.M. KALWAD, ADVOCATE)

AND

1 . ATUL COMMUNICATIONS PVT. LTD.,

REPRESENTED BY ITS DIRECTORS,

1A. MR.ASHOK KUMAR

S/O BRIJKISHOR BANSAL,

AGE: 62 YEARS, OCC: BUSINESS,

R/O:157/B-35, BHANDUR GALLI,

BELAGAVI.

1B. MR. ATUL KUMAR

S/O ASHOK KUMAR BANSAL,

AGE: 32 YEARS, OCC: BUSINESS,

R/O: 157/B-35, BHANDUR GALLI,

BELAGAVI. …..RESPONDENTS

(BY MRS.NAGARATNA S.PATTAR, ADV. FOR SRI. S.B.

DEYANNAVAR,ADV.)

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THIS

CRIMINAL

REVISION

PETITION

IS

FILED

U/SEC.397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR

RECORDS AND ALLOW THIS REVISION PETITION BY SETTING

ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED

01.03.2019 MADE IN CRL. APPEAL NO.14/2018 PASSED BY

THE

COURT

OF

XI

ADDITIONAL

SESSIONS

JUDGE,

BELAGAVI, CONVICTING THE PETITIONER FOR THE OFFENCE

PUNISHABLE

U/SEC.138

OF

N.I.

ACT

AND

THEREBY

CONFIRMING THE ORDER OF CONVICTION AND SENTENCE

DATED 02.11.2017 MADE IN C.C. NO.1543/2017 PASSED BY

THE COURT OF V JMFC, BELAGAVI.

THIS PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This revision petition is preferred by accused

aggrieved by the judgment of conviction and order of

sentence passed by the 5^th JMFC, Belagavi in Criminal

Case No.1543/2017 convicting the petitioner herein for

the offence punishable under Section 138 of Negotiable

Instrument Act (for short ‘the NI Act’) which has been

confirmed by the Appellate Court in Crl.A.No.14/2018

dated 01.03.2019.

2.

The parties herein shall be referred to as per their

status before the trial Court.

3.

Brief facts leading to the filing of this petition are

as under:

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Complainant is a registered company and its

directors are represented as respondent Nos.1a and 1b.

It is stated that accused purchased mobile phones Lava

and Vivo companies from complainant on credit basis

from time to time for which accused was due for

Rs.1,35,000/-. On request, accused issued a cheque for

Rs.1,35,000/- bearing No.010820 dated 17.01.2017 in

the name of complainant.

4.

On presentation of the said cheque, same came to

be dishonored with an endorsement “Funds insufficient”.

Thereafter, complainant got issued legal notice to

accused which was served on 10.04.2017. Since

accused did not pay the amount demanded, complaint

came to be registered for the offence punishable under

Section 138 of NI Act.

5.

On cognizance being taken by the learned

Magistrate, accused appeared before the Court and was

released on bail. Thereafter, sworn statement was

recorded and same came to be treated as evidence of

complainant and Ex.P.1 to P.5 were marked and the

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complainant’s side was closed. On the same day,

statement of accused was recorded under Section 313 of

Code of Criminal Procedure, wherein accused denied the

incriminating evidence against him and he has chosen to

lead his evidence. Thereafter, since accused did not

cross examine the PW.1 and neither led evidence on his

behalf, his evidence was taken as nil and the matter was

posted for arguments and since no arguments were

addressed, matter was posted for judgment.

6.

After going through material evidence, both

documentary and oral evidence, the trial Court came to

a conclusion that accused is guilty of the offence and

convicted the accused for the offence punishable under

Section 138 of NI Act.

7.

Being

aggrieved

by

this

conviction,

accused

preferred an appeal before the XI Additional Distric