SARVAMANGALA GURURAJ BIJAPUR Vs. ABDULSAB K. ANNIGERI

JUDGEMENT

(1.) This appeal is filed by the appellant/complainant challenging the judgment of acquittal passed by the JMFC- II, Hubballi in C.C.No.1905/2005 whereby the learned Magistrate has acquitted the respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act.

(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, complainant is a business woman and had business transactions with the accused. It is alleged that accused has purchased L and T Machine (JCB) bearing No.KA-25/M- 8411 for a sum of Rs.10,50,000/- from the complainant. It is alleged that he has issued a cheque dated 25.04.2005 for a sum of Rs.3,50,000/- drawn on Federal Bank, Station Road, Hubballi towards partial discharge of balance sale consideration. When the complainant has presented the said cheque, it was bounced for insufficient of funds. Later, the complainant has got issued notice to the accused calling upon him to make payment of the cheque amount. The accused has given evasive reply through his counsel. Hence, it is alleged that accused has committed offence under Section 138 of N.I.Act and the complaint came to be filed under Section 200 of Cr.P.C.