T.T.NAVEEN KUMAR Vs. B.SOMEGOWDA

JUDGEMENT

(1.) THE appeal is by the complainant against the acquittal of the respondent for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) HEARD .

(3.) THE learned Trial Judge noticed from the evidence two material documents - Exhibit. P6- an agreement produced by the complainant to show that the respondent-accused had issued the impugned cheque on 14.6.2001 towards discharge of the liability whereas Exhibit.D1 was another agreement dated 31.3.1998 between the accused and the complainant evidencing transaction between them for sale of a site. The said agreement dated 31,3.1998 shows that the complainant had received Rs.2,00,000.00 from the accused as consideration for selling a site which he did not do, therefore the accused was entitled to recover Rs.2,00,000.00 from the complainant.