G. SEETHARAMU, S/O LATE G.K.S. IYENGAR Vs. SRI. K.G. THYAGARAJU, ASSISTANT ARTISAN AND SMT. B. PRAMILA, W/O K.G. THANGARAJU

JUDGEMENT

(1.) THIS appeal is by the complainant assailing the order of the XVIII Addl. CMM, & XX ASCJ, Bangalore, in C.C. No. 15015/2005 dated 05.04.2007.

(2.) ACCORDING to the complainant, accused Nos. 1 and 2 being the husband and wife had borrowed a sum of Rs. 6 lakhs from the complainant as hand loan for their domestic necessities and towards discharge of their liability, both of them issued a cheque dated 14.02.2005 drawn on Syndicate Bank, Malleswaram Branch, Bangalore, for Rs. 6 lakhs, which when presented for encashment, was returned for insufficient funds. Accordingly, after causing legal notice, since the accused persons did not make payment, the complaint was filed. The trial Court, after enquiry, has dismissed the complaint. Hence, this appeal.

(3.) SO far as issuance of notice is concerned, the notice sent to the accused has been returned with a shara 'not claimed', hence, it has to be held, there is deemed service of notice.