SHANKAR N. Vs. CHANDRIKA

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, 1973, against the present respondents, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned XVI Addl.Chief Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity referred to as 'trial Court'), by the judgment dated 26.05.2010, passed in C.C.No.11342/2009, acquitted the respondents/accused of the said offence. Aggrieved by the same, the complainant/appellant has preferred the present appeal.

(2.) The summary of the case of the complainant in the trial Court is that accused Nos.1 and 2 (respondent Nos.1 and 2 herein) have jointly borrowed a hand loan of a sum of Rs.4 lakhs from him. Towards the repayment of the said loan amount, the accused issued a cheque bearing No.282221, dated 29.1.2009, drawn on Karnataka Bank Ltd., Sarakki Layout Branch, Bengaluru, for a sum of Rs.4 lakhs. When the complainant presented the cheque to his Banker for realisation, the same came to be dishonoured for the reason of "insufficiency of funds". Thereafter, the complainant demanding the payment of the cheque amount, issued a legal notice to the accused, who did not meet the demand made in the notice, which constrained the complainant to institute a case against them for the offence punishable under Section 138 of N.I.Act in the trial Court.

(3.) The respondents who were the accused in the trial Court appeared and contested the matter. In order to prove the guilt of the accused, the complainant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-8. On behalf of the accused, accused No.1 was examined as DW-1 and accused No.2 as DW-2 and got marked one document at Ex.D-1.