JAYALAKSHMMA Vs. SHASHIKALA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 07.12.2010 passed in C.C.No.44/2007, on the file of the Senior Civil Judge and JMFC, Hiriyur.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the accused had borrowed a sum of Rs.40,000/- from the complainant for her legal necessity on 03.03.2007 and in order to discharge the said liability she had issued post dated cheque for an amount of Rs.40,000/- dated 03.04.2007. When the said cheque was presented, it was dishonoured. Hence, legal notice was issued. Inspite of service of notice, no reply was given by the accused. Hence, the complaint was filed. The complainant in order to substantiate the averments of the complaint, examined herself as P.W.1 and other two witnesses as P.W.2 and P.W.3 and got marked the documents at Exs.P.1 to 9. The accused has not adduced any evidence. However, got marked the documents at Ex.D.1 and Exs.D.1(a) to D.1(c)