Bangalore District Court Sri. Jayasimha. K. S vs Sri. Krishnamurthy D on 21 April, 2022 KABC010297162016 Presented on : 19122016 Registered on : 19122016 Decided on : 21042022 Duration : 5 years 3 months 13 days IN THE COURT OF LXV ADDL CITY CIVIL AND SESSIONS JUDGE; BANGALORE CITY PRESENT SRI. SUBHASH SANKAD B.A., LL.M. LXV Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 21 st day of April, 2022 CRL.A.No.1499/2016 APPELLANT/S: SRI. JAYASIMHA. K. S., s/o late K.V. Samptha, Aged about 58 years, R/at No.286, Road No.8, 'Champakadhama Manjesha', Golden Jubilee Enclave, Defence Layout, Vidyaranyapura Post, Bengaluru 560097. (By Sri. AP., Advocate) V/s. RESPONDENT/S: SRI. KRISHNAMURTHY D. GODAKINDI s/o late Dattathreya Road, Aged about 68 years, R/at No.61, Road No.2, Defence Layout, 2 Crl.A.No.1499/2016 Vidyaranyapura, Bengaluru560097. (By Sri. DP., Advocate) JUDGMENT This appeal is filed by the appellant under Section 374(3) of Cr.P.C., seeking to set aside the judgment of conviction and sentence passed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru, in CC.No.33383/2014 dated 23.11.2016. 2. The appellant the accused and the respondent is the complainant before the trial Court, for the sake of convenience parties are referred by their ranks before the trial Court. 3. The facts of the case are as follows. The complainant has stated that the accused is known to him since several years. In the month of February, 2012 the accused borrowed a sum of Rs.1,00,000/ from the complainant by way of cash as hand loan for his urgent needs with a promise to repay the said amount within a month. Again in the month of May, 2012 the accused approached and requested him to arrange some amount about 5 to 6 lakhs to fulfill his commitments and assured to repay the same within 10 to 12 months. Considering the needs of the accused the complainant paid a sum of Rs.1,00,000/ on 15.05.2012, Rs.1,50,000/ on 14.06.2012, Rs.1,00,000/ on 21.06.2012, Rs.1,00,000/ on 10.10.2012 and Rs.1,00,000/ on 22.11.2012 total of Rs.5,50,000/ to the accused. After lapse of one year the complainant demanded to repay the said loan amount at that time the accused had issued cheques bearing No.091664 dated 15.09.201 for Rs.1,50,000/, No.839279 dated 20.09.2014 for Rs.1,00,000/ in favour of the 3 Crl.A.No.1499/2016 complainant. The complainant presented the said cheques for encashment and the same were returned with endorsement 'funds insufficient'. The fact of dishonor of cheques was informed to the accused, since the accused did not make the payment, the complainant got issued demand notice calling upon the accused to make payment within 15 days. Since the accused did not make payment. Hence, the complainant has filed the complaint. 4. The trial court took cognizance of offence and issued summons to accused. The accused appeared through his counsel and defended the case. The trial court recorded the plea of accusation. The accused pleaded not guilty of the accusation levelled against him and claimed to be tried. Hence, the case was posted for trial. 5. To prove his case, the complainant was examined as PW1 and got marked the documents as Ex.P1 to Ex.P18. After completion of the evidence, the trial court examined the accused as required under Section 313 of Cr.P.C. The accused denied the incrementing evidence appearing against him, and he has chosen to adduce evidence. The accused was examined as DW1 and got marked the documents as Ex.D1 to Ex.D19 and two more witnesses are examined as DW2 and DW3. After hearing both side, the trial court passed the judgment, convicting the accused and sentenced him to pay a fine of Rs.3,30,000/. 6. Being aggrieved by the order of conviction and sentence, the appellantaccused has filed the present appeal challenging the impugned judgment on various grounds. 7.