2021 (11) TMI 937

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....the accused/revision petitioner was convicted for the offence under Section 138 of NI Act by imposing sentence of Rs. 6,000/- with compensation of Rs. 5,30,000/-. 2. For the sake of convenience parties herein are referred with the original ranks occupied by them before the trial Court. 3. The brief facts leading to the case are that the complainant and accused are friends and accused is the paddy merchant and in the first week of December 2006, he was in need of money for business purpose. He approached the complainant for financial assistance and availed hand loan of Rs. 4,00,000/- from the complainant and accused agreed to repay the said loan within two months and issued a cheque dated 20.02.2007 drawn on Davanagere Urban Co-operative B....

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....grieved by the judgment of conviction and order of sentence the accused/revision petitioner has filed an appeal before the sessions judge in Crl. A. No. 45/2013 and learned I Additional Sessions judge, Davanagere has dismissed the appeal by confirming the judgment of conviction. Being aggrieved by these concurrent findings, the accused has filed this revision. 7. Heard the arguments advanced by the learned counsel for the revision petitioner and the learned counsel for the respondent. Perused the records of the trial Court. 8. The learned counsel for the revision petitioner would contend that the judgment of conviction and order of sentence passed by both the Courts below is illegal, arbitrary and contrary to the material and evidence on ....

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....disputed fact that cheque belongs to the accused and it bears his signature. This fact is undisputed fact. Though there is an endorsement by the banker that there are material alterations in the cheque that is not substantiated as name was written in English and other figures are in Kannada language. There is no bar under law that cheque should be written in particular language and even if it is written in different languages it is admissible in evidence under Section 118 of NI Act. 11. Apart from that Ex. P15 is a material document which is the petition filed by the petitioner for insolvency and there in paragraph No. 5, the petitioner who is the revision petitioner herein has specifically admitted issuance of cheque to respondent No. 1 t....