VISHWANATH RAO N. Vs. N.VIJAYA KUMAR

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 20.11.2010 passed in C.C.No.1191/2009 on the file of XV Additional Chief Metropolitan Magistrate, Bengaluru City.

(2.) The parties are referred to as per their original ranking before the Trial Court as complainant and accused to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that both the complainant and the accused are friends. The accused had availed hand loan of Rs.20 Lakhs from the complainant for the purpose of production of Kannada feature film by name 'Indian Police History'. The accused agreed to repay the said amount with interest at the rate of 18% per annum and towards the repayment of the said amount, the accused had issued a cheque dated 14.10.2008 in favor of the complainant for a sum of Rs.20 lakhs. When the cheque was presented, the same was not honoured and it was dishonoured with an endorsement as 'refer to the drawer' on 20.10.2008. A legal notice was issued. In spite of receipt of the notice, the accused failed to pay the amount. Hence, the complainant was constrained to file the complaint.