DR GEETHA Vs. VASANTHI S SHETTY

JUDGEMENT

(1.) This appeal under Section 378 of Cr.P.C. by the complainant is directed against the judgment and order dated 06.01.2007 passed by the Presiding Officer, Fast Track Court-V, Mysore, in Crl.A. 211/2005 acquitting the respondent/accused by setting aside the judgment and order of conviction passed by the Additional Civil Judge (Jr.Dn.). JMFC. Nanjangud, in C.C. No. 371/2003 convicting the respondent/accused for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act').

(2.) The appellant filed a private complaint under Section 200 Cr.P.C. against the respondent for offence punishable under Section 138 of the Act infer alia alleging that, the respondent/accused borrowed a sum of Rs. 2.50.000/- from her on 14.08.2000 agreeing to repay the same with interest at 12% p.a. However, subsequently, the accused failed to pay the amount in spite of repeated demands by her and ultimately, the accused issued a cheque dated, 30.07.2002 for Rs. 3,00.000/- drawn on Syndicate Bank, Kuvenmpunagar Branch, Mysore, in favour of the complainant towards repayment of the said debt and when the said cheque was presented for encashment, the same was returned un-paid with the Bankers endorsement dated 09.01.2003 "insufficient Funds" and the said endorsement was received by the complainant from her Banker on 13.01.2003. Thereafter, she issued a legal notice as required by law on O8.02.2003 informing the accused about dishounouring of the cheque and also calling upon her to pay the amount covered under the cheque within the statutory period. However, the accused in spite of service of notice failed to pay the amount, as such, she has committed offence punishable under Section 138 of the Act.

(3.) The learned Magistrate, who took cognizance of the offence alleged, after recording the sworn statement of the complainant, issued summons to the accused. Upon service of summons, the accused appeared before the learned Magistrate and pleaded not guilty for the accusation made against her and claimed to be tried.