N.S. VIJAYKUMAR Vs. C.C.MAHESH

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C. No. 150/2009 on the file of the Addl. Civil Judge & JMFC, Nanjangud(for brevity, hereinafter referred to as 'the Trial Court'), wherein the learned Magistrate by Judgment dated 31.08.2010, acquitted the accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act ').

(2.) Summary of the case of the complainant in the Trial Court is that himself and the respondent are friends and well known to each other. During the month of April, 2008, the accused approached him and borrowed a sum of RS.1,79,000/- for his legal necessities, in order to clear handloans and other domestic expenses. He agreed to repay the same within two months. Since the accused did not keep up his promise, at the demand made by the complainant, the accused issued him a cheque bearing No.246773 drawn on Canara Bank, Nanjangud Branch, dated 01.07.2008, for a sum of RS.1,79,000/-, towards the repayment of the loan. When the complainant presented the said cheque for realisation, it returned dishonoured with banker's endorsement 'funds insufficient'. The complainant got issued a legal notice under 'registered post acknowledgement due' and as well under 'certificate of posting' to the accused demanding the payment of the cheque amount. The accused in spite of service of notice to him, neither replied to the notice nor met the demand which constrained the complainant to file the case against him in the Trial Court for the offence punishable under Section 138 of the N.I. Act.

(3.) Trial Court records were called for and the same are placed before this Court.