B. ABDUL AZIZ Vs. B.J. MANAVER ASLAM

JUDGEMENT

(1.) This appeal is preferred by the complainant in C.C.No.439/2016 on the file of the J.M.F.C (III Court), Shimoga seeking to set aside the impugned order dated 07.10.2017, whereby the learned Magistrate dismissed the complaint for non-prosecution.

(2.) Though respondent/accused is served, he is not represented.

(3.) It is the case of the complainant that to discharge a part of debt, accused issued a cheque bearing No.128025 dated 13.04.2015 for a sum of Rs.3,50,000/- drawn on Karnataka Bank, Shimoga main Branch, Shimoga and when the said cheque was presented through his banker, the same was dishonored with shara 'Funds Insufficient' vide endorsement dated 18.04.2015. Inspite of issuance of notice to the accused, he failed to either reply to the notice or to repay the amount mentioned in the cheque within the stipulated time. Hence, the accused committed an offence under Section 138 of Negotiable Instruments Act, 1881.