N.R.NARASIMHA Vs. P.S.SHEKARA

JUDGEMENT

(1.) This appeal is filed by the appellant / complainant praying to set aside the Order dated 28.10.2010 passed C.C. No.21507/2007 by the learned XIX Addl. Chief Metropolitan Magistrate, Bangalore City (for brevity, hereinafter referred to as 'the Trial Court') and consequently convict the respondent herein for the offence punishable under Section 138 of the Negotiable Instruments Act , 1881 (for short, hereinafter referred to as 'the N.I. Act ') and to sentence him in accordance with law.

(2.) The summary of the case of the appellant / complainant in the Trial Court is that the accused had taken loan of RS.50,000/- from him on 19.11.2004 by executing an 'on demand promissory note' and a 'consideration receipt'. The accused had even agreed for paying interest on the said loan amount at the rate of 18% p.a. Though the accused had agreed to repay the said loan amount together with interest thereupon, within six months, but he failed to keep up his promise. However, at the repeated requests and demands, the accused issued two cheques bearing No.023479 and 023480 each for RS.25,000/-, in favour of the complainant, drawn on Sree Banashankari Mahila Co-operative Bank, Cubbonpet Main Road, Bengaluru both dated 21.03.2007. When the complainant presented those cheques for realization, they were returned with banker's endorsement on 22.03.2007 stating that the account of the drawer was closed. Thereafter, the complainant got issued a legal notice dated 07.04.2007 to the accused both through 'registered post acknowledgement due' and under 'certificate of posting'. Despite the service of the same, the accused neither paid the amount demanded in the legal notice nor replied to the same. Hence, the complainant was constrained to institute a case against him for the offence punishable under S.138 of the N.I. Act.

(3.) Trial Court records were called for and the same are placed before this Court.