Y. ESWARAPPA Vs. R. CHANDRAMOULI AND ANOTHER

JUDGEMENT

(1.) THIS appeal is by the complainant in C.C. No. 594 of 2006 on the file of the Principal Civil Judge and JMFC and he is aggrieved by the judgment dated 15.12.2011 passed in the said case acquitting the respondents -accused of the charge levelled against them for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, N.I. Act ™).

(2.) THE appellant filed complaint alleging the offence punishable under Section 138 of the N.I. Act against the respondents inter alia contending that the two accused as partners of M/s. S.S. Computers, Hosur, had availed soft loan from KSFC, Davangere Brnach and failed to repay the said amount; that they were due in a sum of Rs. 6,30,000/ - to KSFC and since in spite of notices issued by KSFC, they failed to repay the amount, the KSFC published an auction notice in the newspaper intimating auction of assets of the firm; that pursuant to such notification, the assets were sold in auction; that thereafter, in the year 2000, Accused No. 1 went to abroad and later the accused approached the complainant requesting him to clear the balance loan due to KSFC promising to repay the same to the complainant some time later; that accordingly, the complainant discharged the entire loan due to KSFC on behalf of the firm of which the accused were partners and for the discharge of the said liability, the cheque in question dated 27.03.2006 was issued duly signed by Accused No. 1 in a sum of Rs. 4,05,500/ -; that when the said cheque was presented for encashment, the same was returned unpaid as 'Account Closed ™ and in spite of service of notice, the respondents/accused have failed to repay the said amount.

(3.) IN support of his case, the complainant examined himself as PW.1 and examined one witness as PW.2 -Maltesh G. Bhandari and relied on documentary evidence -Exs.P.1 to P.35. Accused No. 1 examined himself as DW.1 while one Parameshwara Shastri was examined as DW.2 and Exs. D1 to D11 were marked on behalf of the accused.