S.SHEKAR Vs. V.GOPALA KRISHNA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also learned counsel appearing for respondents.

(2.) This appeal is filed challenging the judgment of acquittal passed in C.C.No.14227/2006 dated 05.01.2011 on the file of the XXI Additional Chief Metropolitan Magistrate, Bengaluru City.

(3.) The factual matrix of the case is that the accused is the friend of the complainant, due to the said acquaintance, the accused borrowed loan of Rs.3,00,000/- from the complainant and agreed to repay the same within a month. After several demand and persistence, the accused has issued a cheque bearing No.019381 dated 19.12.2005 for a sum of Rs.3,00,000/-. When the complainant presented the said cheque for realization through his banker, the same is dishonoured with an endorsement as 'funds insufficient' on 22.12.2005. After returning of the cheque, the complainant got issued legal notice dated 09.01.2006 through registered post as well as certificate of posting. The notice sent through registered post to the first address of the accused which is stated in the cause-title was returned with the postal endorsement as 'information delivered and not claimed' on 18.01.2006 and notice sent to the second address was returned with an endorsement 'addressee shifted" on 18.01.2006. The notice sent through certificate of posting is duly served on the accused on 18.01.2006. In spite of service of notice, accused has not complied with the demand and hence, the complainant was forced to file the complaint.