T S MURALIDHAR Vs. H NARAYANA SINGH

JUDGEMENT

(1.) This appeal under Section 378(4) Cr.P.C. upon grant of special leave by this Court, is by the complainant in C.C.No.308/2004 on the file of the Additional C.J.M., Bangalore District, and is directed against the judgment and order dated 23.11.2006 passed by the Presiding Officer, Fast Track Court-II, Bangalore Rural District in Crl.A.No.69/2006, whereby the judgment and order dated 17.5.2006 passed by the learned Magistrate convicting the respondent - accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 [for short 'the N.I. Act'], came be set aside and the accused was acquitted.

(2.) The appellant filed a complaint under Section 200 Cr.P.C. readwith Section 142 of the N.I. Act against the respondent - accused inter alia contending that the respondent - accused had borrowed a hand loan of Rs. 1,00,000/- in the month of July 2003 and towards discharge of the said hand loan, he issued the cheque bearing No.238109, dated 15.11.2003, drawn on Canara Bank, Kolar and when the said cheque was presented for encashment, the same came to be returned unpaid with Banker's endorsement "funds insufficient" and inspite of service of legal notice to the respondent - accused on 10.12.2003 as required by law, respondent - accused failed to pay the amount covered under the cheques as such he has committed offence punishable under Section 138 of the N.I. Act.

(3.) The learned Magistrate before whom the complaint was presented on 9.2.2004, took cognizance of the offence by order dated 9.2.2004 and after recording the sworn statement of the complainant directed registration of the criminal case as per his order dated 11.2.2004 and summons were ordered to be issued to the respondent - accused. Upon service of summons, the accused appeared before the learned Magistrate and pleaded not guilty for the accusations made against him and claimed to be tried. During the trial, the complainant examined himself as PW. 1 and was cross-examined. He also got marked Exs.P. 1 to P.13.