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TMI Blog2022 (3) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... der suffers from any legality and correctness. The scope of revision is very limited. The voluminous documents marked in favour of the complainant/respondent establishes the case of the complainant. There are no merit to invoke the revisional powers to set aside the order of conviction and sentence as well as confirmation made by the Appellate Court - petition dismissed. - Criminal Revision Petition No. 1451/2019 - - - Dated:- 11-3-2022 - H. P. Sandesh, J. For the Appellant : K.B.K. Swamy, Advocate For the Respondents : Tejas C. Shetty, Advocate for P. Chinnappa, Advocate ORDER This revision petition is filed challenging the judgment of conviction and sentence dated 27.12.2018 passed in C.C. No. 7965/2007 by the Trial Court and also the confirmation order dated 11.11.2019 passed in Crl.A. No. 226/2019 by the Appellate Court for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. The factual matrix of the case is that the complainant in the complaint has contended that these revision petitioners in discharge of the debt, issued cheque bearing No. 515300 dated 05.01.2007 drawn on Vijaya Bank, N.R. Road, Bengaluru, for a sum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.50 to 52. Despite such a glaring infirmity with respect to the claim of the complainant, the Trial Court and the Appellate Court have failed to appreciate the said evidence. The main contention of the petitioners is that he has availed the loan of ₹ 5 lakhs by issuing blank signed cheques, signed blank promissory notes, signed blank bond papers and signed white sheets as security and the said defence was not accepted by both the Courts. 5. The learned counsel for the petitioners would contend that the Trial Court failed to take note of the earlier legal notice dated 23.01.2016. The documents Exs.D.4 to 7, altogether speaks in different tone and inspite of it, Ex. P.5 legal notice is accepted by the respective Courts. Ex. P.49 is said to be the document executed in favour of Mrs. Rekha. The said person has not been examined to prove his case. Ex. P.21 is also the document of pronote consideration receipt executed in the name of Rekha. These documents shows that an amount of ₹ 3 lakhs was given to the accused. Though the accused has disputed regarding execution of these documents, the complainant has not examined her in support of his claim. The Trial Court was plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l notice and both the Courts have considered the valid service of notice since the petitioner has categorically admitted in one of the notices that he was residing at the time of issuance of notice and last known address only notices are served, which have been sent through registered post as well as certificate of posting. The learned counsel brought to the notice of this Court that earlier the matter was remanded and reconsidered and nothing is placed regarding rebuttal evidence. The learned counsel submits that inspite of the interim order passed by this Court, no amount is deposited by the revision petitioners. 7. In reply to the arguments of the learned counsel for the respondent, the learned counsel for the petitioners submits that the respondent has suppressed the materials facts before the Court and hence it requires interference of this Court. 8. Having heard the respective learned counsel and also on perusal of the material available on record, the points that arise for the consideration of this Court are: (i) Whether the Courts below have committed an error in convicting and sentencing the petitioners and both the Courts orders suffers from legality and correctn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that statement also he has not disclosed how much amount he has received. It is important to note that Exs.P.18 to 25 on demand pronotes and consideration receipts are also got marked along with the signatures of the petitioner herein and those documents are also not disputed by the revision petitioner and what made him to execute those number of pronotes and consideration receipts, if really he has taken only an amount of ₹ 5 lakhs, there is no explanation on the part of the petitioner. It is important to note that the revision petitioner had also given the complaint and the complainant also filed the complaint and there was a criminal case against the respondent in C.C. No. 234972005. The order sheet is also produced before the Court. Ex. P.44 the statement given by Balasubramanya before the Court is also marked, wherein he has categorically admitted that they have compromised the matter. It is pertinent to note that when he had deposed before the Court that they have compromised the matter, that was in the year 2006, but subject matter of the cheque was given in 2007 and subsequent to the compromise and hence it is clear that the petitioner has not made out his case as to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is signature, the presumption is in favour of the complainant/respondent and not in favour of the revision petitioner unless he rebuts the evidence of the complainant. Though he took the defence that he only availed the loan of ₹ 5 lakhs and not more than that and voluminous documents particularly Ex. P.18 to 25 and 26 supports the case of the complainant/respondent. 13. Both the Trial Court as well as the Appellate Court in detail discussed each and every documents and taken note of particularly Exs.P.18 to 25, 26 and 44 and no doubt in Exs.P.50 to 52, the complainant/respondent has also given the complaint and though the learned counsel for the petitioners mainly relied upon the documents Exs.D.4 to 7 regarding the amount, which he has received and admitted in earlier documents and those documents are no consequence in view of execution of Ex. P.2, subject matter of cheque and hence I do not find any reasons to come to other conclusion that the judgments of the Trial Court as well as the Appellate Court surfers from legality and correctness. This Court can only exercise the revisional powers, if the order suffers from any legality and correctness. The scope of revision i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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