G. SHIVANESH Vs. BALAJI FRAME WORKS

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 27.11.2010 passed in C.C.No.26092/2007 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short), on the file of the XXII Additional Chief Metropolitan Magistrate and XXIV Additional Small Causes Judge, Bengaluru.

(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.) It is the case of the complainant that the accused approached him to get purchase of site in the name of the complainant and the complainant was not at all interested to purchase the site, but the accused continuously visited the complainant and asked to purchase the site for which on his force, the complainant agreed to purchase the site. The accused had received an advance amount of Rs.9,50,000/- from the complainant and agreed to get the site in the complainant's name for which agreement of sale was made with the complainant and one R. Srinivas. Later, the complainant came to know that the site was sold to someone and when the complainant approached the accused and demanded to return the advance amount received by him, the accused issued two cheques for an amount of Rs.4,75,000/- each totaling to Rs.9,50,000/-. When both the cheques were presented in the respective banks on 21.07.2007, the said cheques were dishonoured for the reason as "account closed/transferred to" vide endorsement dated 22.07.2007. Immediately the complainant approached the accused, but the accused expressed his financial difficulties. Hence, the complainant got issued the legal notice to the accused on 27.07.2007 and the notice issued against him was duly served and the accused did not pay the amount. Hence, the complaint was filed against the accused for the offence punishable under Section 138 of the Act.