KRISHNAPRASAD Vs. DODDAPPA L. SHIRUR

JUDGEMENT

(1.) Heard the learned advocate for the appellant Sri.R.H.Angadi, who is physically present and the learned advocate for the respondent Sri.Shivaraj S. Balloli, through video conference.

(2.) The brief facts of the case are that; the appellant herein, as complainant filed a complaint under Section 200 of Cr.P.C. before the learned JMFC-I Court, Dharwad (hereinafter referred to as the 'trial Court') against the respondent for the offence punishable under Section 138 of Negotiation Instruments Act,1881 (hereinafter referred to as 'the Act') read with Section 420 of IPC.

(3.) It is contended by the complainant before the trial Court that the accused had taken hand loan of Rs.50,000/- on 10.02.2009 to meet his family necessity, agreeing to repay the same within six months. After six months, when the complainant demanded back the hand loan amount, accused had issued the cheque bearing No.953920 dated 01.10.2009 drawn on Canara Bank, Dharwad for Rs.50,000/- towards repayment of the loan amount. When the said cheque was presented for encashment, the same was dishonored with an endorsement that there was "insufficient funds" in the account of the drawer. The same was intimated to the complainant through his Banker on the same day. The complainant issued legal notice to the accused on 27.10.2009, informing him regarding the dishonor of the cheque and calling upon him to repay the cheque amount.