BASAVANNEPPA Vs. PRAKASH RAMANNA KAMPLI

JUDGEMENT

(1.) This appeal is filed under Section 378(4) of Cr.P.C. by the complainant who was appellant before the trial court, against the judgment of acquittal passed by the Principal Senior Civil Judge & CJM, Gadag in C.C.No.31/2005 dated 04.07.2011 whereby the learned Magistrate has acquitted the accused/respondent herein.

(2.) The brief facts of the case of the appellant/complainant are that, he has filed a private complaint against the respondent/accused alleging the offence punishable under Section 138 of Negotiable Instruments Act. According to the complainant, there was transaction between the appellant/complainant and the respondent/accused in respect of supply of greengram and other food grains and accordingly, the appellant/complainant has supplied greengram worth Rs.3,00,000/-. The respondent/accused herein has issued four cheques in respect of repayment of price of the greengram for Rs.75,000/- each and one such cheque pertaining to this case when presented was dishonoured. After issuing notice, the proceedings came to be initiated.

(3.) The trial court after detailed trial after recording evidence and appreciation held that there is no legally enforceable debt and further held that the appellant/complainant has failed to establish the transaction between himself and the respondent/accused herein and thereby accepted the defence set up by the respondent/accused herein in respect of his clerk misusing the cheques and acquitted him of the offence punishable under Section 138 of N.I.Act. This order is being challenged in this appeal.