AMZAD PASHA Vs. H N LAKSHMANA

JUDGEMENT

(1.) This appeal by the complainant in C.C. No. 454/2004 on the file of the J.M.F.C., Malavalli, is directed against the judgment and order dated 28.5.2009 acquitting the respondent-accused of the charge levelled against him for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'].

(2.) The appellant filed private complaint under Section 200 of Cr.P.C. against the respondent - accused alleging offence punishable under Section 138 of the Act inter alia contending that the respondent - accused as Proprietor of Lakshmi Narasimhaswamy Finance Corporation, Halagur, approached the complainant for loan of Rs. 4,50,000/- and accordingly on 5.6.2004, the complainant paid Rs. 4,50,000/- to the accused as loan and subsequently for repayment of the said loan the accused issued post dated cheque dated 30.6.2004 for Rs. 4,50,000/- drawn on Mandya District Co-operative Central Bank Limited, Halagur Branch and when the said cheque was presented for encashment, the same was returned unpaid with banker's endorsement "funds insufficient" and in spite of service of notice, the respondent accused failed to pay the amount covered under the cheque as such he has committed offence punishable under Section 138 of the Act.

(3.) Upon service of summons, the accused appeared before the learned Magistrate and pleaded not guilty for the accusation made against him and claimed to be tried. During the trial, the complainant examined himself as PW.1 and got marked Exs.P1 to P17.