B. RAVINDRA Vs. R.S. CHANDRAKANTHA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal passed in C.C.No.56/2010 dated 10.01.2011 on the file of the Senior Civil Judge, & JMFC, Soraba ('Trial Court' for short).

(2.) For the sake of convenience, the parties are referred to as they are referred in the original suit before the Trial Court.

(3.) The factual matrix of the case is that, the accused being an owner of the bus was known to the complainant. On 01.12.2000, the accused borrowed a sum of Rs.50,000/- by agreeing to repay the amount with interest @ of 18% per annum. The accused did not repay the amount as agreed and hence notice was issued on 26.11.2001 through registered post as well as certificate of posting calling upon him to repay the borrowed amount. Thereafter, on 30.11.2001 the accused met the complainant and after calculating the outstanding principal and interest issued a cheque for a sum of Rs.59,000/- dated 06.12.2001. When the cheque was presented, the same was dishonoured and again notice was issued on 27.12.2001. In spite of service of notice, he has not given any reply and did not comply with the demand made in the notice. Hence, a complaint has been filed.