SRI DATTATRAYA Vs. SHARANAPPA

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal was originally preferred as a petition before this Court, which is moved against the impugned Judgment dtd. 3/3/2023 in Criminal Appeal No. 200139 of 2019 by the High Court of Karnataka at Kalaburagi whereby the learned Single Judge affirmed the acquittal of the Respondent in Complaint Case No. 468 of 2014 moved for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act 1881").

(3.) The factual backdrop giving rise to the present challenge is that the Appellant is the original complainant who claims to know the sole Respondent for the last six years and that he had borrowed INR 2,00,000/- (Rupees Two Lakhs only) from the Appellant on account of family necessities and accommodation. Against the said loan the Respondent issued a cheque bearing No. 015639 which was drawn on the Bank of India, as a guarantee against repayment. He was to repay the said loan amount within a period of six months thereof. An agreement to this effect was also signed between the parties.