P CHANNABASAVARADHYA SWAMY Vs. S N ASWATH REDDY

JUDGEMENT

(1.) The appellant has challenged the Judgment and Order, acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the N.I. Act" for short] on a trial held by the Addl. C.M.M., Bangalore City.

(2.) The facts reveal that the appellant is the complainant, whereas the respondent is the accused in the trial Court. The appellant is said to have advanced a sum of Rs.4,50,000-00 by way of loan to the respondent and towards the repayment of the said amount, the respondent is said to have issued a cheque for the said sum. When the said cheque was presented in the bank for encashment, it returned with endorsement "insufficient fund". The appellant issued notice. The said notice was replied and the demand made was not complied. Hence, the appellant approached the trial Court with the complaint under Section 200 Cr.P.C. to initiate action against the respondent for the offence punishable under Section 138 of the N.I. Act.

(3.) The appellant has filed an application under the provisions of Section 391(1) Cr.P.C. and has sought leave to produce additional evidence by way of documents.