K.S. NAGARAJAPPA Vs. DIBBADA KOTRESH

JUDGEMENT

(1.) This is complainants appeal against the judgment and order passed by the trial Court acquitting the accused/respondent of an offence punishable under Section 138 of N.I. Act, 1881 (N.I. Act for short).

(2.) Heard the learned counsel appearing for the appellant/complainant and the learned counsel appearing for the respondent/accused.

(3.) The case of the complainant is that he is running dalali mandi business at APMC Yard, Davanagere dealing as commission agency for agricultural produce brought by the agriculturist to his shop. The accused is an agriculturist having agricultural land at Chikkabidari Village. For the maintenance of his agricultural land, the accused used to borrow money from the complainant for purchase of seeds, manure, pesticides and also for purchase of tractor, reimbursement of tractor loan, agricultural implements, for improvement of his land etc. There was a balance of Rs.5,25,000/- which was due from the accused as per ledger balance dated 24.05.2006. When the complainant demanded for payment of the outstanding debt, which was not cleared by the accused inspite of stipulated period, and on demand, the accused started dragging the matter and finally towards payment of the said debt, the accused issued a cheque bearing No.0222 dated 24.05.2006, for a sum of Rs.5,25,000/-, drawn on Jilla Valmiki Girijana Pattina Sahakara Sangha Ltd., Davanagere through account No.125 and requested the complainant to present the cheque for encashment. Accordingly, when the said cheque was presented for encashment by the complainant through his collecting banker, Bapuji Co-operative Bank Ltd., HMR Branch, Davanagere on 24.05.2006, the said cheque was returned with an endorsement Insufficient Fund. A legal notice dated 05.06.2006 was issued to the accused under certificate of posting and also by registered post with acknowledgment due. However, the accused failed to reply to the notice and failed to pay the amount mentioned in the cheque within the stipulated time. Hence, the accused committed an offence punishable under Section 138 read with Section 142 of the Act.