UDAY RAI Vs. MR. SUNDER K. SHETTY

JUDGEMENT

(1.) THIS appeal is by the complainant against the judgment of acquittal in C.C.No.502/2006 dated 26th October 2006 on the file of J.M.F.C., Mangalore, D.K.District.

(2.) CASE of the complainant was that, accused had borrowed a sum of Rs. 4,00,000/ - in October 1997. Towards discharge of the said amount, accused had issued two cheques dated 15.5.1998 and 25.8.1998 for Rs. 2,75,000/ - and Rs. 1,25,000/ -. Both the cheques on presentation to the Bank have been returned with an endorsement "account closed/funds insufficient". Complainant issued the legal notice on 7.11.1998. The said notice was not received, however, complainant also issued notice by certificate of posting. When the amount was not paid, he filed a private complaint under Section 200 of Cr.P.C. for the offences punishable under Sections 417 and 420 of the Indian Penal Code read with Section 138 of the Negotiable Instruments Act.

(3.) BEFORE the learned Magistrate, complainant got himself examined as PW -1 and also examined PW -2 - Bank Manager and got Exs.P1 to P9 marked in his evidence. No evidence was led by the accused.