C. B. DHANARAM Vs. N A BALLUR

JUDGEMENT

(1.) This appeal has been preferred by the complainant being aggrieved by the judgment of acquittal passed by the Prl. Civil Judge and JMFC at Dharwad in C.C. No.156/2009 dated 15.10.2011, for the offence punishable under Section 138 of the Negotiable Instruments Act,

(2.) Brief facts leading to the filing of this appeal are as under; It is the case of appellant that he was well acquainted with respondent and as respondent was in need of financial assistance he approached the complainant for loan amount, to take on lease adjacent hotel and furnish and develop the same near the existing Shree Siddivinayaka Enterprises. The respondent had sought for hand loan of three lakhs on 01.08.2008. Acceding to the request of respondent, appellant paid sum of Rs.3,00,000/- in one lump sum of amount by way of cash to the respondent. It is the case of appellant that respondent had agreed to repay the said amount on 16.08.2008 and accordingly issued a post dated cheque bearing No.0043110 for Rs.3,00,000/- drawn on Malaprabha Gramina Bank, in favour of the appellant.

(3.) On presentation of the said cheque to his bank, the appellant received an endorsement of dishonor of cheque on the ground of "Funds insufficient". Pursuant to which appellant got issued a legal notice on 15.09.2008 to the respondent notifying respondent to repay the cheque amount. Respondent had not repaid the amount despite receipt of notice and neither did he reply to the said legal notice.