NAGAPPA Vs. TUKARAM NARAYAN GOUDA

JUDGEMENT

(1.) Challenging the judgment dated 14.01.2015 passed by the Judicial Magistrate First Class, Bailhongal in C.C.No.101/2009 thereby acquitting the accused for the offences punishable under Section 138 Negotiable Instruments Act, 1881 (hereinafter referred to as N.I.Act for short) this appeal is filed.

(2.) Brief facts of the case leading to filing of this appeal are that a complaint came to be filed on 10.11.2008 stating that complainant and accused are businessmen, known to each other and as such the accused borrowed a sum of Rs.2,00,000/- during first week of October, 2007 at Maradi Nagalapura Village, in the presence of Eerappa Lakshmana Godachi and Basavaraja Uddappa Vibhuti. At that time, accused had promised to return the loan amount within a period of six months. But after lapse of the said duration, when complainant demanded return, accused sought some more time. Ultimately he issued cheque dated 12.05.2008 bearing No.476286 drawn on Karnataka Bank Ltd., Koppadakere Branch, Dharwad for a sum of Rs.2,00,000/-. When the cheque was presented, it was returned unpaid with an endorsement 'Account closed', on 21.06.2008.

(3.) Thereafter, notice was issued to accused on 08.07.2008. But, it was not served on accused. Thereafter, cheque was represented on 28.08.2008. It was returned on same day, once again with endorsement 'account closed'. Therefore, complainant got issued statutory notice on 24.09.2008 through Registered Post Acknowledgment Due which was served on accused on 27.09.2008. Despite receipt, accused did not reply or make payment, thereby constraining complainant to file complaint.