ASHALATHA Vs. K. YAKUB

JUDGEMENT

(1.) The present appellant was the complainant in the Court of the learned Civil Judge and Judicial Magistrate First Class, Belthangady, Dakshina Kannada (hereinafter for brevity referred to as "Trial Court"), in C.C.No.128/2007, which case was filed against the present respondent arraigning him as accused, under Section 200 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as " Cr.P.C ."), for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "N.I.Act").

(2.) The summary of the case of the complainant in the Trial Court is that, the accused had issued a cheque to her bearing No.281721 for a sum of RS.75,000/- for satisfaction of a legally recoverable debt. When the said cheque was presented for its realisation through the Banker of the complainant, on 20-12-2004, the same came to be dishonoured with the banker's endorsement as 'funds insufficient'. The complainant on 05-01-2005 got issued a legal notice to the accused, calling upon him to pay the cheque amount. Though the accused received the said notice on 08-01-2005, but he failed to pay the cheque amount, which constrained the complainant to institute a criminal case against him in the Trial Court for the offence punishable under Section 138 of the N.I. Act.

(3.) The respondent who was the accused in the Trial Court appeared and contested the matter.