SYED FAROOQ AHMED Vs. PRASAD

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, 1973, against the present respondents, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as RS.N.I.Act'), the learned XXII Addl.Chief Metropolitan Magistrate and XXIV Addl.Small Causes Judge, Bengaluru City, (hereinafter for brevity referred to as RS.trial Court'), by the judgment dated 24.06.2010, passed in C.C.No.15317/2007, acquitted the respondents/accused of the said offence. Aggrieved by the same, the complainant/appellant has preferred the present appeal.

(2.) The summary of the case of the complainant in the trial Court is that the complainant entered into a Memorandum of Understanding/Sale Agreement dated 21.12.2005 with Sri.A.S.S.Mudaliyar and Sri Kumaraswamy in respect of the immovable property bearing No.106, in Survey No.138/2, of Bilekanahalli Village, Begur Hobli, measuring East to West 80 feet and North to South 60 feet for sale consideration of RS.43,20,000/-. On the same day, the appellant entered into an agreement with Mr.Mohammed Fayaz for selling the said immovable property to any third party offer. On request of the accused, the appellant and Mr.Mohammed Fayaz asked the original owners to execute the Sale Deed in favour of the accused. Accordingly, the original owners executed the Sale Deed in favour of the accused in respect of the western portion of the said immovable property, measuring 40 ft. x 60 ft. and the respondents together issued three cheques. All the three cheques issued by the respondents came to be dishonoured. Thereafter, a legal notice came to be issued to the respondents. The respondents have neither replied to the legal notice nor paid the amount covered under the cheques. This made the complainant to institute a criminal case against the respondents in the trial Court in C.C.No.15317/2007, for the offence punishable under Section 138 of N.I.Act.

(3.) The respondents who were the accused in the trial Court appeared and contested the matter. In order to prove the guilt of the accused, the complainant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-14. On behalf of the accused, accused No.2 was examined as DW-1, accused No.1 as DW-2 and two more witnesses as DW-3 and DW-4 and documents from Exs.D-1 to D-10 were got marked.