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TMI Blog2021 (1) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... t') and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 2,000/- and Rs. 37,000/- as compensation to the complainant, which was confirmed by the I Additional District and Sessions Judge, Chikmagalur, in Criminal Appeal No.397 of 2013 by judgment dated 17-12-2014. 2. Brief facts which are necessary for disposal of the revision petition are as under: A complaint came to be filed under Section 200 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.') read with Section 138 of the N.I. Act contending that on 12-9-2007, the accused, by name, Jagadeesh borrowed a sum of Rs. 50,000/- from the complainant to meet his urgent necessities. It is further contended that in order to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of fine, the accused shall further undergo Simple Imprisonment for a period 15 days. Acting under section 357 of Cr.P.C., the accused shall pay a sum of Rs. 37,000/- to the complainant as a compensation." 4. Being aggrieved by the same, the accused preferred an appeal before the District and Sessions Court, Chikmalagur, in Criminal Appeal No.397 of 2013. The learned Judge of the First Appellate Court on securing the records and hearing the parties, confirmed the judgment passed by the Civil Judge by dismissing the appeal, which are subject matter of the revision petition. 5. Heard Sri A.P. Prabhath, learned counsel for the revision petitioner, who vehemently contended that both the Courts erred in holding that the accused has commit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of Rs. 15,000/-. Hence, the accused was convicted for the offence punishable under Section 138 of the N.I. Act and sentenced to undergo simple imprisonment for a period of six months with fine of Rs. 39,000/-. Out of which, Rs. 2,000/- was ordered to be paid to the State and balance of Rs. 37,000/- to the complainant as compensation. 8. Learned Judge of the First Appellate Court after re-appreciation of the entire material on record confirmed the judgment of the learned Magistrate. 9. On hearing of the arguments of the revision petitioner and on perusal of the record, this Court did not notice any error apparent on record with the well reasoned orders of the learned Magistrate and the learned First Appellate Court. Suffice to say th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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