M. SURESH GOUDA Vs. Y.RAMA BABU

JUDGEMENT

(1.) This appeal is filed under Section 378(4) of Cr.P.C. by the appellant/complainant against the judgment of acquittal dated 06.11.2014 passed in C.C.No.86/2012 by the Principal Civil Judge and JMFC, Bellary whereby the learned Magistrate has acquitted the accused/respondent for the offence punishable under Section 138 of Negotiable Instruments Act and prayed for allowing the appeal by convicting the accused/respondent.

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

(3.) The brief facts leading to the case are that, accused and complainant are well-known to each other and accused has borrowed hand loan of Rs.2,00,000/- from the complainant on 27.03.2010 for his family business and necessity. The accused has failed to repay the said amount. After several requests and demand made by the complainant, the accused has issued a cheque for Rs.1,00,000/- drawn on ING Vysya Bank for discharge of partial loan. When the complainant has presented the said cheque through his banker, the said cheque came to be returned with an endorsement as 'account closed '. Thereafter, the complainant has issued legal notice dated 03.10.2011 through registered post and the said notice has been served on the accused, but accused neither repaid the amount nor replied to the notice. Hence, the complainant has filed a complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of N.I.Act.