H.N. JAGADEESH Vs. R. RAJESHWARI

JUDGEMENT

(1.) This appeal arises out of the judgment and order dtd. 5/8/2005 pronounced by the High Court of Karnataka in Criminal Appeal No. 774 of 2000 that was filed by the respondent challenging the acquittal of the appellant by the Trial Court vide judgement dtd. 31/5/2000/1/6/2000 passed in complaint case that was lodged by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act')

(2.) The aforesaid complaint under Sec. 138 of the Act was filed alleging that the appellant herein was to pay a sum of Rs.4,35,000.00 to the respondent in terms of the agreement dtd. 10/7/1996 executed between the parties and towards that payment, a cheque of Rs.1,00,000.00 was given by the appellant to the respondent and on its presentation, the same was returned with an endorsement "stoppage of payment". In the complaint, it was also alleged that this amount was not paid even after the issuance of statutory notice and because of that the complaint was filed. The Trial Court while acquitting the appellant supported the said acquittal with the reasons that the statutory notice allegedly served upon the appellant was not even placed on record in spite of the fact that issuance or receipt of such a notice was specifically denied by the appellant. Not only this, even though some other documents were filed by the respondent along with complaint, no effort was made to prove any of those documents. On that basis, the Trial Court held that the appellant was not able to establish the ingredients of offence under Sec. 138 of the Act. The High Court has accepted the aforesaid position, which is reflected from the reading of the impugned judgment itself, and relevant portion is reproduced herein:

(3.) In spite of the aforesaid admitted position, the High Court has allowed the appeal thereby setting aside the acquittal order passed by the Trial Court and remanded the matter back to the Trial Court with the direction to permit the respondent to adduce further evidence giving full opportunity to the accused in accordance with law and decide the matter afresh.