S.R. UMA Vs. C NAGARAJAIAH

JUDGEMENT

(1.) THE appellant has challenged the judgment and order acquitting the respondents for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act' for short) on a trial held by the Additional Chief Metropolitan Magistrate, Bangalore City.

(2.) THE facts reveal that the appellant is the complainant and the respondents are the accused before the court below and the appellant claims that she had advanced a sum of Rs.8,00,000.00 to the respondent No.1 to appoint her as a distributor for the gas agency and towards the refund of the said amount the respondent No.1/accused No.1 is said to have issued a cheque dated 21.2.2002. When the said cheque was presented for encashment, it returned with an endorsement of 'insufficient funds'. The appellant issued a notice and as the said notice is not claimed by the respondent No.1, a complaint came to be filed to initiate action for the offence punishable under Section 138 of the Act.

(3.) I have heard the learned counsel for both the parties.