H.P. SHIVANANDA Vs. DINESH D. UDYAVAR

JUDGEMENT

(1.) The present appellant was the complainant in the Court of the First Class Judicial Magistrate (V Court), Mangalore, Dakshina Kannada (hereinafter for brevity referred to as "Trial Court"), in C.C.No.219/2008, which case was filed against the present respondent arraigning him as accused, under Section 200 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as " Cr.P.C ."), for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "N.I.Act").

(2.) The summary of the case of the complainant in the Trial Court is that, the respondent/accused had taken a hand loan of a sum of RS.11,00,000/- from the complainant. Towards its repayment, the accused had issued a cheque dated 15-10-2007 for a sum of RS.10,00,000/- bearing No.131570 drawn on Vijaya Bank, Talapady Branch, Mangalore, favouring the complainant. The said cheque, when presented for realisation, was returned with an endorsement of insufficiency of funds. Thereafter, the complainant got issued a legal notice on 17-10-2007 to the accused through Registered Post Acknowledgement Due (RPAD). The accused did not meet the demand made in the notice. This constrained the complainant to institute a criminal case against the accused for the offence punishable under Section 138 of the N.I. Act.

(3.) The respondent who was accused in the Trial Court appeared and contested the matter.