B.V. THAMMAIAH S/O VEERARANGAPPA Vs. N. SHANKAR, PROPRIETOR SHANKAR CYCLE WORKS, OM SHAKTHI PROVISION STORE

JUDGEMENT

(1.) THE appellant has challenged the judgment and order of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter called as the Act).

(2.) THE facts relevant for the purpose of this appeal are as under: The appellant and the respondent are known to each other since many years and in the circumstances, the respondent approached the appellant and borrowed a sum of Rs. 25.000/ in the month of October 2000. The appellant paid the amount and the respondent assured to return the same within two months with interest. He also issued a cheque dated 04 -01 -2001 for Rs. 25.000/ - in the name of the appellant drawn on Bank of India. Yeshwanthpur Branch, for the discharge of the loan liability.

(3.) I have heard the learned Counsel for the parties. The point that arise for my consideration is: Whether the order of acquittal of respondent for the charge under Section 138 of the Act is illegal and perverse?