GIRISH Vs. G.K. PRABHU

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 5.12.2009 passed in Crl.A. No.1120/2006 by the Additional Sessions Judge, FTC-X, Bengaluru.

(2.) The parties are referred to as per their original rankings before the trial Court in order to avoid the confusion and for convenience of the Court.

(3.) The factual matrix of the case is that the accused is the friend of the complainant. The accused was running the business at Kamakshipalya and for his business, he had borrowed Rs.4.00 lakhs from the complainant in the first week of January, 2003 and promised to pay the same within six months. The accused did not repay the loan amount in spite of several requests and demand made by the complainant. Thereafter, he issued a post dated cheque dated 22.3.2010 in favour of the complainant. When the same was presented, it was dishonoured for insufficient funds vide endorsement dated 24.10.2003. A legal notice was sent to the accused on 4.11.2003, for which the accused given an untenable reply. Hence, the complainant filed the complaint.