METILDA DMELLO DMELLO MANSION MULKI POST, CHITRAPU, MANGALORE Vs. V. RAJAN, S/O. LATE C.R. VAIDVAR 6TH BLOCK, HEAR BOREWELL KRISHNAPURA, SURATHKAL POST MANGALORE

JUDGEMENT

(1.) THIS appeal is by the complaint against the judgment of acquittal passed in Crl.A.No.348/05 dated 30.8.2006 on the file of the FTC -I, Dakshina Kannada, Mangalore, reversing the judgment of conviction passed by the JMFC, Mangalore in C.C. No. 1510/04 dated 17.10.2005.

(2.) THE case of the complaint was that the accused had borrowed a sum of Rs. 12,500/ - from her and towards the discharge of the said liability, the accused had issued a cheque bearing No. 214468 dated 8.1.2004 drawn on Syndicate Bank, Katipalla, in favour of the complainant. However, on presentation of the said cheque, the banker of the complainant returned the same with an endorsement "insufficient funds". The complainant issued a legal notice dated 19.5.2004 calling upon the accused to make payment. The said legal notice was returned with the postal shara "addressee absent". Since no payment was made within fifteen days, the complainant filed a private complaint under Section 200 of Cr.P.C alleging that the accused had committed an offence punishable under Section 138 of the Negotiable Instruments Act. On summons, the accused appeared before the learned Magistrate and pleaded not guilty.

(3.) THE trial Court on appreciation of the evidence convicted the accused observing that the complainent had proved that the accused had failed to make the payment due under the cheque and has also observed that the defence taken by the accused does not probabalise that there is no legally repayable debt.