S.VIJAYA Vs. PREM INDUSTRIES

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal dated 24.12.2010 passed in C.C.No.32811/2006, on the file of the XVIII ACMM and XX ASCJ, Bangalore City.

(2.) The parties are referred to as per their original ranking before the Trial Court as complainant and accused in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the complainant had filed a complaint under Section 200 of Cr.P.C. claiming that the accused in discharge of her liability had issued two cheques dated 30.06.2006 for a sum of Rs.5,90,000/- and Rs.60,000/-, drawn on State Bank of Mysore, Jayanagar Branch, Bangalore, in favour of the complainant. When the complainant presented the cheques for encashment with her banker, the cheques were returned with an endorsement dated 14.07.2006 for the reason 'payment stopped' and the same was communicated on 16.07.2006. The complainant got issued legal notice through RPAD and UCP on 10.08.2006 calling upon the accused to pay the cheque amount. The notice sent through RPAD and UCP were duly served on the accused. Inspite of receipt of legal notice, the accused neither replied nor came forward to comply the demand. Hence, the complaint came to be filed.