INDRAMMA Vs. RAMALINGA REDDY

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, 1973, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as RS.N.I.Act'), the learned Addl.Civil Judge (Jr.Dn.) & JMFC, Mulbagal, (hereinafter for brevity referred to as RS.trial Court'), by the judgment dated 8.9.2010, passed in C.C.No.331/2007, acquitted the respondent/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, herself and the accused were family friends. At the request of the accused, she paid a hand loan of a sum of RS.2,50,000/- to him in the first week of March 2007. The accused agreed to repay the said hand loan along with interest at the rate of 2% per month within two months from the date of borrowing. As such, he issued a cheque in her favour for a sum of RS.2,50,000/- vide cheque No.047103, dated 30.5.2007 and drawn on State Bank of Mysuru, Mulbagal Branch, Mulbagal. When she presented the cheque, the same was returned with the Banker's endorsement dated 30.5.2007 returning the cheque unpaid for the reason of "insufficiency of funds". Thereafter, she issued a legal notice dated 22.6.2007 to the accused through Registered Post Acknowledgement Due, as well under Certificate of Posting. Though the notice was served upon the respondent, neither he replied to the notice nor paid the cheque amount which made her to institute a private complaint against him in the trial Court for the offence punishable under Section 138 of N.I.Act.

(3.) The respondent who was the accused in the trial Court appeared and contested the matter. In order to prove the guilt of the accused, the complainant examined herself as PW-1 and got marked documents from Exs.P-1 to P-7. On behalf of the accused, neither any witness was examined nor any documents were produced as exhibits.