K.PRAKASHRAO Vs. K.NAGESHWARRA

JUDGEMENT

(1.) This appeal is f i led against the judgment dated 04.09.2014 passed by the Principal Civi l Judge and JMFC, Bal lari in C.C.No.1009/2007, acquitting the accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.I.Act for short)

(2.) Brief facts giving rise to this appeal are that a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (herein after referred to as Cr.P.C. for short) , came to be filed on 24.07.2007, stating that complainant and accused were relatives. As such on 01.05.2007, accused borrowed sum of Rs.2,00,000/- as hand loan promising to repay within one month, by issuing a post dated cheque of 01.06.2007, bearing No.0545620 for rupees two lakhs, drawn on Bal lari District Co-operative Central Bank, K.C. Road Branch, Bal lari. When it was presented on 06.06.2007, it returned unpaid on the same day with endorsement funds insuff icient . Thereafter complainant issued statutory notice to accused on 14.06.2007, by RPAD. It was received by accused on 15.06.2007. But accused did not repay amount or replied to notice, constraining complainant to f i le complaint.

(3.) After recording sworn statement of complainant and taking cognizance, summons was issued to accused. On appearance, accused denied charges and sought trial. In support of his case, complainant got himself examined as PW1 and got marked Exhibits P1 to P4. Thereafter the incriminating material was explained to accused under Section 313 of Cr.P.C. He denied the same and did not lead any defence evidence. Thereafter trial Court framed fol lowing points for its consideration.