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TMI Blog2021 (5) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... s convicted for the said offence by its judgment of conviction and order on sentence dated 14-10-2014. Aggrieved by the same, the accused preferred a Criminal Appeal in the Court of the learned LXIII Additional City Civil and Sessions Judge, Bangalore City (CCH-64), (hereinafter for brevity referred to as the "Sessions Judge's Court") in Criminal Appeal No. 1244/2014. The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge's Court in its order dated 10-09-2015 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court dated 14-10-2014 in C.C. No. 15991/2011. Aggrieved by the said judgment, the accused has preferred this revision pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply on 27-09-2010, which constrained the complainant to institute a criminal case against him in the Trial Court 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. 4. To prove its case, one Sri. Channappa, who claims himself to be the proprietor of the complainant establishment got himself examined as PW-1 and got marked documents from Exs. P-1 to P-14. On behalf of the accused's side, neither any witness was examined nor any documents were marked as exhibits. The Trial Court after recording the evidence led before it and hearing both side, by its impugned judgment dated 14-10-2014 convicted the accused for the offence punishable un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have sent by the complainant was beyond the statutory period of one month, as such, the notice is invalid in the eye of law. He further submitted that the legal notice was not marked as an exhibit in the Trial Court, as such also, the impugned judgments and the order on sentence deserve to be set aside. 11. PW-1, in his examination in chief in the form of affidavit evidence, has reiterated the contentions taken up by the complainant in the complaint. In support of its contention, he got produced a notarized copy of the money lender's licence at Ex. P-1, a tax paid receipt of the income tax for the year 2013-14 at Ex. P-2, the original cheque said to have been issued by the accused at Ex. P-3, wherein he also got marked the signatur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused by deposit of the title deeds as per Ex. P-12 and also issuance of cheque by the accused as per Ex. P-3 and its subsequent dishonour. The returned cheque is marked as Ex. P-3. The reason for dishonour of the cheque by the banker as evidenced in Exs. P-4 and P-5 would go to show that, it was for insufficiency of funds and for exceeding the arrangement. As stated by PW-1 in his evidence and also as evidenced in Exs. P-4 and P-5, the said cheque was initially returned on 22-07-2010, however, the same was presented again and the same came to be returned again on 31-08-2010. According to PW-1, the legal notice was sent only after its second dishonour of the cheque, as such, the legal notice was sent on 09-09-2010. Therefore, the first p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of the complainant. As such, the second and the final point of argument of the learned counsel for the petitioner/accused on the said aspect is also not sustainable. The un-denied evidence of PW-1 which is further corroborated by Exs. P-1 to P-12 would clearly go to show that, in response to the loan availed by the accused of a sum of Rs. 11,00,000/-, he had issued the cheque at Ex. P-3 to the complainant, which came to be dishonoured, when presented for its realisation, for the reason of insufficiency of funds. Thereafter, despite making a demand for payment of the cheque amount within time, the accused has failed to make good the payment of the same, as such, not only the presumption that has arisen in favour of the complainant u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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