D. SHANKARAPPA Vs. J. MURALIDHAR

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 05.08.2010 passed in Crl.A.No.64/2008, on the file of the Fast Track (Sessions) Judge-V, Bengaluru City.

(2.) The parties are referred to as per their original rankings before the Trial Court as complainant and accused to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the accused had approached the complainant for hand loan of Rs.81,000/- agreeing to repay the said loan within six months from the date of the said loan. Accordingly, the complainant gave the said loan amount on 21.04.2006 and the accused issued the cheque to repay the amount within six months and did not repay the loan amount, as agreed. Hence, the cheque was presented and the same was returned with an endorsement "funds insufficient". Thereafter, the complainant got issued legal notice to the accused and despite the receipt of notice, the accused deliberately avoided the payment of loan amount and hence the complaint was filed before the Trial Court.