SHRIRAM TRANSPORT FINANCE CO. LTD. Vs. ASAMABI SHABHAN

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C. No. 183/2008 on the file of the III Addl. Civil Judge & JMFC, Udupi (for brevity, hereinafter referred to as 'the Trial Court'), wherein the learned Magistrate by Judgment dated 24.05.2010, acquitted the accused from the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act ').

(2.) The summary of the case of the complainant in the Trial Court is that the accused (respondent herein) had entered into an agreement with the complainant (appellant herein) in respect of a vehicle bearing Registration No. KA-20/A-5018 and towards the amount due in respect of the said loan amount, the accused on 16.08.2007 issued a cheque to the complainant for a sum of Rs.7,90,000/- bearing No.805442 drawn on Karnataka Bank, Hangalur. The complainant presented the said cheque for encashment through its banker HDFC Bank. However, the said cheque came to be dishonoured with the banker's endorsement 'funds insufficient'. Thereafter the complainant got issued a legal notice to the accused demanding the payment of the cheque amount. In spite of the said notice, the accused failed to pay the dishonoured cheque amount. Hence, the complainant instituted a criminal case against her under Section 200 of the Criminal Procedure Code for the offence punishable under Section 138 of the N.I. Act.

(3.) In order to prove its case, the complainant - company examined one of its authorized signatories Shri K. Vasudeva as PW-1 and got marked documents from Exs.P1 to P11. Neither any witness was examined nor any documents were marked from the accused side. After hearing arguments from both side, the Trial Court by its impugned Judgment dated 24.05.2010 acquitted the accused of the alleged offence. It is against the said Judgment, the complainant has preferred the present appeal.