VIJAYALAKSHMI FINANCE BAZAR ROAD HUNSUR, MYSORE DISTRICT. BY ITS MANAGING PARTNER KUMAR Vs. R. ANANDA S/O RAMAIAH SHETTY, CHIMMI ENTERPRISES, BAZER ROAD, HUNSUR MYSORE DISTRICT

JUDGEMENT

(1.) THIS appeal by the complainant is directed against the Judgment and Order dated 29.12.2005 passed by the Civil Judge (Sr. Dn.) and JMPC, Kunsur in CC. NO. 124/2000 acquitting the respondent/accused of the charge levelled against him for the offence punishable under section -138 of the Negotiable Instruments Act ('Act' for short).

(2.) THE appellant filed complaint alleging offence under section -138 of the Act inter alia contending that the accused for his legal necessity borrowed a sum of Rs. 21,984/ - from the complainant firm agreeing to repay the same with interest at 23% per annum and executed necessary documents in favour of the complainant that towards the discharge of the said loan, accused issued (sic) bearing NO. 0016712 dated 3.3.2000 drawn on Vijaya Bank, Hunsur in favour of the complainant; that when the cheque was presented for encashment the same was returned unpaid with banker's endorsement 'not arranged for'; that immediately complainant issued legal notice through registered post and also under certificate of posting calling upon the accused to pay the amount covered under the cheque; that though the notice sent by certificate of posting was received by the accused, he has failed to comply with the demands made therein. As such, the accused is guilty of the offence under section -138 of the Act.

(3.) THE learned Magistrate after recording the evidence of the parties, and on assessment of oral and documentary evidence, by the Judgment under appeal acquitted the accused holding that the complainant has failed Co prove the existence of the debt and issuance of cheque in question for discharge of the said debt in that view of the matter, the learned Magistrate held that the complainant has failed to prove the guilt of the accused. Consequently, the accused was acquitted. Aggrieved by the said Judgment of acquittal, the complainant is before this Court in this appeal.