HIMANSHU Vs. B SHIVAMURTHY

JUDGEMENT

(1.) A complaint under Section 138 of the Negotiable Instruments Act, 1881 was instituted by the respondent against the appellant. According to the complainant, the appellant had borrowed a sum of Rs. 4,15,000/- "for his business development" and on the same day, the appellant issued a cheque drawn on Karnataka Bank, Hosadurga for an equivalent amount. When the cheque was presented on 26 December 2003 for encashment to the State Bank of Mysore, Beligere Branch, the bank returned the cheque with an endorsement on 29 December 2003 stating that funds were insufficient. The complainant issued a notice to the appellant on 19 January 2004 which was served on 28 January 2004.

(2.) Upon the failure of the appellant to pay the amount due under the cheque, a complaint was instituted.

(3.) The Civil Judge, Junior Division, Tiptur took cognizance on 6 July 2004 and issued summons to the appellant.