GOPAL REDDY Vs. SURESH MAHENDRAKAR AND ORS.

JUDGEMENT

(1.) The present appeal has been filed aggrieved by the judgment dated 12.11.2010 passed by the Addl. Sessions Judge, Bellary in Criminal Appeal No.28/2009. By way of the said judgment the Sessions Judge has pleased to acquit the accused in C.C.No.1399/2005 which had been filed by the appellant herein alleging that there is an offence committed under Section 138 of Negotiable Instruments Act, as against the accused therein.

(2.) C.C.No.1399/2005 had been filed by the respondents herein alleging that the respondents owed a sum of Rs.5,67,116/- for the purchase of liquor from the petitioner towards which the respondents as Partners of M/s. Laxmi Traders had issued a cheque bearing No.158671 dated 31.03.2005 drawn on Canara Bank, Station Bazar, Gulbarga. This the petitioner claim was in discharge of a legally valid debt due and liable to be paid by the respondents to the petitioner. On receipt of the said cheque the petitioner presented the same to their bankers ING Vysya Bank, Parvathi Nagar Branch, Bellary on 31.03.2005 for encashment and to their surprise the same was returned dishonored on 12.05.2005 with the endorsement "funds insufficient"?. Hence, the complainant got issued legal notice on 06.06.2005 calling upon the accused to pay the entire amount due (Ex.P4). The accused replied to the same vide Exs.P5 to P8 calling upon the petitioner to produce duplicate/Xerox copies of the invoices and had also contended that the blank cheques had been provided as security in regard to the financial assistance extended to the respondents by the petitioner herein. The documents sought for by the respondents were not furnished by the petitioner.

(3.) The petitioner filed a complaint under Section 138 of Negotiable Instruments Act. The complainant got examined himself as PW.1 and got marked 10 documents and closed his side. The accused recorded a statement under Section 313 of Cr.P.C., and thereafter chose not to lead any evidence on their behalf.