BABU Vs. NARAYAN

JUDGEMENT

(1.) This appeal is f i led chal lenging judgment dated 12.03.2014 passed by the Addl.Civil Judge and J.M.F.C. at Bhatkal in C.C.No.460/2012 acquitting accused for of fence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.I.Act , for short) .

(2.) Brief facts leading to this appeal are that a complaint was fi led by complainant on 21.02.2012 stating that complainant and accused are known to each other and as such accused had borrowed a sum of Rs.18,000/- on 25.07.2011 promising to return it within one month and issued cheque No.637451 drawn on Vi jaya Bank for Rs.18,000/-. When it was presented for payment, it was returned with bank endorsement dated 25.07.2011 stating funds insuff icient . Thereafter, complainant had issued statutory notice by RPAD to accused on 11.01.2012. It was served on accused on 14.01.2012. Accused did not either reply to it or make payment, constraining complainant to f i le complaint.

(3.) After recording of sworn statement of complainant and taking cognizance, summons was issued to accused. Accused appeared, denied the charges and sought for trial. During trial, complainant examined himself as PW1 and two other witnesses as PW2 and PW3. He also got marked cheque as Ex.P1, bank memo as Ex.P2, statutory notice as Ex.P3, postal endorsement as Ex.P4, copy of specimen signature card as Ex.P5 and copy of loan ledger extract as Ex.P6.