H P MOODALAPPA Vs. C A CHOWRAPPA

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C. No.34387/2000 on the file of the 16th Additional Chief Metropolitan Magistrate, Bangalore challenging the judgment dated 31.08.2004, acquitting the respondent of the offence punishable under Section 138 of N.I. Act.

(2.) The case of the appellant is that on 23.12.1997, the respondent accused has taken a loan of Rs. 1,00,000/- and in respect of the repayment of the said loan, accused has issued cheque dated 13.12.1999 for Rs.3,36,000/- and when the said cheque was presented for payment, the same was dishonoured on the ground that the funds lying to the credit of the accused in the said account is insufficient to honour the cheque and therefore, the said cheque was returned on 22.12.1999. Thereafter, when a notice under Section 138 of N.I. Act was issued on 30.12.1999, by Registered Post and under Certificate of Posting, despite service of notice to the accused, he neither paid the amount nor replied to the notice, thereby, he is liable to be punished under Section 138 of N.I. Act.

(3.) The complainant filed the complaint before the 16th Additional Chief Metropolitan Magistrate, Bangalore on 20.01.2000 and the learned Magistrate after taking cognizance of the offence, summoned the accused and after appearance of the accused, the accusation was read over to the accused and he has pleaded not guilty to the charges levelled against him. Thereafter, complainant has examined himself as PW.1 and further, got produced documents Exs.P.1 to P. 10.