(1.) This appeal is filed challenging the judgment of acquittal dated 12.07.2011 passed in Crl.A.No.26/2011, on the file of the Fast Track Judge, Udupi District, Udupi.
(2.) The parties are referred to as per their original rankings before the Trial Court as complainant and accused in order to avoid the confusion and for the convenience of the Court.
(3.) The factual matrix of the case is that the complainant in the complaint has stated that the accused had borrowed an amount of Rs.2,80,000/- for his urgent necessity. Towards the repayment of the said amount, the accused issued a post dated account payee cheque for a sum of Rs.2,80,000/- dated 02.05.2007 and when the same was presented, it was dishonoured with an endorsement "funds insufficient". The legal notice was issued on 28.05.2007 and the accused gave the reply denying any liability and hence the complainant was forced to file the complaint. The accused was secured before the Trial Court and he did not plead guilty and claimed the trial and hence the complainant examined himself as P.W.1 and got marked the documents at Exs.P.1 to 20. The accused was subjected to 313 statement. The accused examined himself as D.W.1 and examined two witnesses as D.W.2 and D.W.3 and got marked the documents at Exs.D.1 to 5. The Trial Judge after considering both oral and documentary evidence placed on record, convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act ('N.I. Act' for short) and sentenced him to pay a fine of Rs.2,85,000/- and out of the fine amount, Rs.2,83,000/- was payable to the complainant and remaining amount of Rs.2,000/- be vest with the Government as penalty. In default of payment of fine, the accused was directed to undergo simple imprisonment for a period of one year.