S TIMMAPPA Vs. L S PRAKASH

JUDGEMENT

(1.) This appeal filed under Section 378 of Code of Criminal Procedure on obtaining special leave from this Court as required by Section 378(5) of Code of Criminal Procedure, is directed against the Judgment and Order dated 19.11.2005 passed by the First Additional JMFC, Chitradurga in C.C. No. 1353/95, acquitting the respondent-accused of the charge levelled against him for the offence punishable under Section 138 of Negotiable Instruments Act (for short 'the Act').

(2.) The appellant filed private complaint under Section 200 of Code of Criminal Procedure alleging offence punishable under Section 138 of the Act against the respondent herein and one K.R. Vijaya Kumar, inter-alia alleging that the accused are the partners of Chandana Finance Corporation, a registered Firm of partners; they borrowed a sum of Rs. 1,30,000/- from him as hand loan promising to repay the same within two months; for repayment of the said loan amount they issued cheque bearing No. 11479 dated 6.3.1995 drawn on Merchants Co-operative Bank, Chitradurga; when the said cheque was presented for encashment, the same was returned unpaid for want of sufficient amount in the account; in spite of service of notice as required by law, the accused have failed to pay the amount covered under the cheque as such they have committed the aforesaid offence.

(3.) The respondent herein upon service of summons appeared before the learned Magistrate and pleaded not guilty for the accusations made against him and claimed to be tried. As the summons and the coercive process issued from the Court could not be served on accused No. 2-K.R.Vijaya Kumar, on the memo filed by the complainant, the complaint came to be dismissed as not pressed against the said K.R. Vijaya Kumar and the complaint was continued only against the respondent herein. In support of his case, the complainant examined herself as PW.1 and also examined one more witness as PW.2 and got marked documentary evidence as per Exs.Pl to P.7.