T R KESHAVAREDDY Vs. A KRISHNA 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 learned Addl. Chief Metropolitan Magistrate, Bangalore City.

(2.) The facts reveal that the appellant is the complainant, whereas the respondent is the accused before the trial Court. The appellant claims that in the first week of December 2004, on request of the respondent, the appellant advanced a loan of Rs.4 lakhs and the respondent having received the same promised to repay within 2 months. As the amount was not paid as assured, the appellant approached the respondent, who in turn issued a cheque bearing No.959023 dated 09.03.2005for Rs.4 lakhs and when the cheque was presented for encashment, it returned with endorsement "account closed". The appellant issued a notice and as there was no payment as demanded in the said notice, he approached the trial Court with a 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.) Learned counsel for the respondent has filed a memo with 3 documents requesting to consider the same.