MOHAN KUMAR Vs. SYED MOHD ALI

JUDGEMENT

(1.) This appeal lays challenge to the judgment of acquittal passed in C.C.No.2088/2012 dated 11.03.2014 by the IV Addl. Civil Judge and JMFC Court, Gulbarga.

(2.) The appellant was the complainant and respondent was the accused before the Trial Court. They will be referred as complainant and accused as per their respective ranks before the Trial Court for convenience in this judgment.

(3.) The brief case of the complainant before the Trial Court was that, the complainant and accused are conversant to each other. They are good friends. It is further case of the complainant that on 15.07.2011 accused approached the complainant in respect of hand-loan of Rs.9,80,000/- for his business needs and other necessities. In view of good relationship, complainant advanced the loan on assurance of the accused that he will repay the loan within a month. But the accused did not return the amount inspite of repeated request. Then the accused issued a cheque dated 21.11.2011 bearing No.339579 of State Bank of Hyderabad, Super Market, Gulbarga for a sum of Rs.9,80,000/- to the complainant in discharge of said debt or loan. The complainant presented the said cheque for collection to bank, but it was returned dishonoured with a endorsement as "funds insufficient". On the request of accused the cheque was again presented on 07.12.2011. But again the said cheque was returned dishonored for very same reason.