MUNIRAJU Vs. G NAGARAJU

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal passed in Crl.A.No.23/2009 dated 30.11.2010 on the file of the Additional District and Sessions Judge, Fast Track Court-V, Bangalore Rural District, Bangalore.

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

(3.) The factual matrix of the case is that the complainant and the accused are friends. The accused had requested the complainant to lend hand loan of Rs.70,000/- to meet out his urgent financial necessity on first week of October, 2006. The complainant gave an amount of Rs,64,000/- on 15.10.2006 and the accused had promised to repay the said loan within three months but the accused did not repay the same. However, on repeated requests, the accused issued a self cheque dated 21.01.2007 and when the same was presented, it was dishonoured. The complainant got issued legal notice both to his residential address as well as his office address. That in spite of receiving the notice sent under certificate of posting, the accused did not give any reply and hence the complainant was forced to file complaint. The complainant in order to substantiate his contention he himself examined as PW1 and got marked document Exs.P1 to P8. The trial Court, after recording the evidence of the complainant examined the accused under Section 313 of Cr.P.C. The accused also examined himself as DW1 and got marked Ex.D1. The trial Judge, after considering both oral and documentary evidence convicted the accused vide judgment dated 20.02.2009. Being aggrieved by the same, the accused had preferred an appeal in Criminal Appeal No.23/2009 and in the said appeal, the accused was acquitted vide judgment dated 30.11.2010. Being aggrieved, the complainant has filed this appeal.