SAMEER RAFIQ MULLA Vs. ASIF ABDULHAMID MISRIKOTI

JUDGEMENT

(1.) This appeal is filed by the appellant against the judgment of acquittal dtd. 3/4/2013 passed by the JMFC-IV Court, Belgaum in C.C.No.1225/2011 for the offence punishable under Sec. 138 of the N. I. Act. and sought for allowing the appeal by convicting the respondent-accused herein.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case is that the complainant and accused were known to each other and used to do financial transactions amongst themselves. That during March-April 2011 both of them became more friendly and the accused requested the complainant that he require a sum of Rs.4,00,000.00 to Rs.5,00,000.00 as an investment and called upon the complainant to lend the same by assuring that money will be returned with interest and profit within a month or two. The accused had also promised to issue a cheque in this regard. Looking to the need of the accused, the complainant advanced a loan of Rs.3,00,000.00 and the accused has issued a cheque dtd. 7/6/2011 for Rs.3,50,000.00 including interest and profit part. When the complainant has presented the said cheque, it bounced and in spite of issuance of legal notice, the accused did not repaid the cheque amount. Hence, the complainant has lodged a complaint under Sec. 200 of Cr.P.C. alleging that accused has committed an offence under Sec. 138 of N.I.Act.