RAVICHANDRA V. Vs. ROSI LINE REENA RANI

JUDGEMENT

(1.) This appeal is by the complainant against the Judgment and Order of acquittal dtd. 23/4/2019 passed in C.C. No.26420/2017, on the file of the Court of XXII Addl. C.M.M., Bengaluru, acquitting the accused for an offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) Heard both side and perused the material on record.

(3.) The case of the complainant is that, accused is running a business in the name and style of M.R.Enterprises and she is the Proprietor and Director. She was selling mobile phones, mobile spare parts, sim-cards etc. The complainant was working with the accused in her office situated at Chandra Layout, Bengaluru and both are friends. The accused requested the complainant to become a partner in the said enterprises and believing her words, the complainant invested a sum of Rs.7.00 lakhs in the last week of September 2016. However, the accused did not induct the complainant as a partner in the business, instead stated that the business is running under loss. The accused also assured that the amount will be settled within 6 months and after the said period, a cheque bearing No.076374 dtd. 21/6/2017 drawn on Axis Bank, Nagarabhavi Branch, Bengaluru, was issued to the complainant for a sum of Rs.7.00 lakhs towards repayment of the money invested by him, with a promise that on presentation of the said cheque, the same will be honoured.