N G SOMASHEKAR Vs. S V SHIVAPRASAD

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant.

(2.) THIS appeal is filed by the complaint challenging the judgment of acquittal dated 12-8-2002 passed by the learned JMFC. , Chintamani, in C. C. No. 219/1996 acquitting the respondent for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act ).

(3.) THE present complaint under consideration has been filed on 12-12-1996 for the alleged offence committed by the respondent under the provisions of Section 138 of the Act. According to the complainant in respect of certain monetary transaction the respondent had issued two cheques dated 5-7-1996 and 9-7-1996 which when presented came to be dishonoured by the bank for insufficiency of fund on 9-7-1996. It is also not in dispute that immediately after dishonour of the cheques, the petitioner had issued a notice to the respondent on 12-7-1996 to which a reply was given by the respondent on 12-7-1996 to which a reply was given by the respondent on 30-7-1996. It is further alleged that as per the reply - Ex P. 10, respondent had sought for some more time till 7-11-1996 to make good the payment and on his promise complainant waited till 8-11-1996, the cheques were again presented to the bank on that day, which came to be returned again dishonoured from the bank on 11-11-1996. Thereafter another notice came to be issued to the respondent on 11-11-1996 and when there was no payment, the present complaint was filed.