(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 'N.I.Act'), the learned XVIII Addl.Chief Metropolitan Magistrate and XX Addl.Small Causes Judge, Bengaluru City, (hereinafter for brevity referred to as 'trial Court'), by the judgment dated 08.11.2010, passed in C.C.No.13898/2006, 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 the respondent/accused in order to discharge his legal liability towards the complainant, had issued two cheques bearing No.941701 and No.941702, dated 5.12.2005 and 20.12.2005 respectively, each for a sum of Rs.1 lakh and drawn on State Bank of India, West of Chord Road Branch, Bengaluru, in favour of the complainant. When the cheques were presented for its realisation by the complainant, both the cheques were dishonoured with the Banker's endorsement "funds insufficient" on 24.1.2006. Thereafter, complainant got issued a legal notice to the accused through Registered Post Acknowledgement Due, as well under Certificate of Posting on 1.2.2006, demanding the payment of the cheque amount. The accused/respondent sent an untenable reply, but, did not pay the cheque amount, which made the complainant to institute a criminal case against him 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 got himself examined as PW-1 and got marked documents from Exs.P-1 to P-11. On behalf of the accused, accused was examined as DW-1 and other two witnesses as DW-2 and DW-3 and got marked documents at Ex.D-1 and D-1(a).