K. PRAKASH BHAT Vs. BALAWANT SHRIPAD KULKARNI

JUDGEMENT

(1.) This appeal is preferred by complainant being aggrieved by the Judgment of acquittal passed by Court of J.M.F.C.-III, Belgaum in Criminal Case No.931/2006 dated 06.12.2010.

(2.) For the sake of convenience, parties herein shall be referred to as per their status before the trial Court.

(3.) Brief facts leading to filing of this case is as under : It is the case of complainant that accused is known to him and very well acquainted. Accused was in the habit of taking hand loan from complainant. In the month of April-2003, accused approached the complainant with a request for hand loan of Rs.50,000/-, which was paid by complainant by cash. Further, in the month of July-2003, accused again approached for hand loan of Rs.50,000/-, with a promise to repay the same within a short time. Thereafter, in the month of September-2003, again accused requested for further amount loan of Rs.50,000/- with a promise to repay the same in the month January-2004. In the month of January-2004, accused approached the complainant stating that he is expected to receive more than Rs.5,00,000/- in the month of March-2004 and accordingly, he requires another loan amount of Rs.50,000/-, which was paid by complainant in cash in January-2004. On all these occasions, accused gave receipt for having received an amount of Rs.2,00,000/- from complainant.