SANGHAVI BROS Vs. RAJANAYAK

JUDGEMENT

(1.) Though this appeal is listed for orders today regarding non-submission of the records from the trial Court in spite of issue of reminders, having regard to the short question involved in the appeal and since the matter is covered by the recent decision of the Apex Court, this appeal was heard on merits with the consent of the learned counsel appearing for the parties.

(2.) This appeal is by the complainant questioning the legality and correctness of the judgment and order dated 30.09.2004 passed by the Presiding Officer, Fast Track Court-VII, Bangalore City, in Criminal Appeal No.11/2002 allowing the said appeal and setting aside the judgment of conviction and order of sentence dated 06.12.2001 passed by the 15th Additional CMM,, Bangalore, in C.C. No.33366/1999 and acquitting the respondent accused of the offence punishable under Section 138 of the Negotiable Instruments Act (for short, 'N.I. Act').

(3.) The case of the appellant-complainant was that, he had supplied note books and stationary materials to the accused on credit and towards the value of those materials, the accused had issued the cheque in question for a sum of Rs.61,000/- and when the said cheque was presented for encashment, the same was returned un-paid for insufficient funds and in spite of service of notice, the accused failed to pay the amount covered under the cheque. The respondent-accused pleaded not guilty for the accusation made against him for the offence punishable under Section 138 of the N.I. Act and claimed to be tried.