ABDULRAZAQ Vs. M.N. GADAGKAR

JUDGEMENT

(1.) The appellant/complainant preferred this appeal aggrieved by the impugned judgment of acquittal dtd. 17/10/2011 passed in C.C.No.622/2006 on the file of the learned Principal Civil Judge and Principal JMFC, Dharwad (for short, 'the trial Court'), whereby the accused is acquitted for the offence punishable under Sec. 138 of the Negotiable Instrument Act (for short, 'the N.I. Act').

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status and ranking before the trial Court.

(3.) Brief facts of the case are that, the appellant herein as complainant filed private complaint in PCR No.97/2006 before the trial Court against the respondent/accused alleging commission of the offence punishable under Sec. 138 of N.I. Act. It is stated that the complainant and accused were friends and were knowing each other since 12 years. It is contended that the accused approached the complainant during December-2005 and requested for hand loan of Rs.78,000.00 to meet his family necessities. He promised to repay the same within six months. Accordingly, the complainant lent an amount of Rs.78,000.00 and was demanding back the amount frequently. Finally, the accused issued the cheque dtd. 21/4/2006 bearing No.0423153 drawn on Malaprabha Grameena Bank, Extention Counter, D.C. Compound, Dharwad Branch for Rs.78,000.00 in favour of the complainant towards repayment of the loan amount. The cheque was presented for encashment by the complainant but the same was dishonoured as there was insufficient fund in the account of the accused. The complainant further contended that he issued legal notice to the accused informing him about the dishonour of the cheque and calling upon him to repay the cheque amount. The said notice was not claimed by the accused and has not repaid the cheque amount and thereby he has committed the offence punishable under Sec. 138 of N.I. Act.