SHASHIKALA Vs. NYATHAPPA

JUDGEMENT

(1.) This appeal is filed by the appellant / complainant praying to set aside the Order dated 15.07.2010 passed in C.C. No.2445/2007 by the XXII Addl. Chief Metropolitan Magistrate and XXIV Addl. Small Causes Judge, Bengaluru City (for brevity, hereinafter referred to as 'the Trial Court') acquitting the accused from the offence punishable under Section 138 of the Negotiable Instruments Act , 1881(for brevity, hereinafter referred to as 'the N.I. Act ').

(2.) The summary of the case of the complainant in the Trial Court is that the accused is the family friend of the complainant since a long time. On request of the accused, the complainant gave him a handloan of Rs.1,00,000/- in cash on 18.11.2005. In return of the said amount, the accused after the demand made by the complainant, issued a cheque bearing No.426908 dated 11.07.2006 for a sum of Rs.1,00,000/- in favour of the complainant, drawn on Canara Bank, Mayo Hall Extension Branch, Bengaluru. The said cheque when presented for realisation by the complainant, returned unpaid for the reason of 'insufficiency of funds' on 18.07.2006. Thereafter, the complainant got issued a legal notice to the accused on 01.08.2006 demanding the amount of the cheque. The accused though sent a reply to the notice on 14.08.2006, but did not pay the cheque amount which constrained the complainant to institute a criminal case against him for the offence punishable under Section 138 of the N.I. Act, in the Trial Court.

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