LEWIS WHOLESALE WINES (REGD ) Vs. VASANTH

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 as 'NI Act' for short) on a trial held by JMFC, Udupi.

(2.) The appellant which is the complainant is a partnership firm represented by its Managing Partner. The firm was carrying on the business dealing with wholesale wines at Brahmavara and the respondent who is the accused before the Trial Court is said to have running 'Abhinandan Bar and Restaurant' at Malpe and that the accused is said to have purchased liquor on credit basis from the complainant. The total value of liquor supplied was Rs.75,071/-. The accused is said to have issued the cheque dated 03.11.2003 for a sum of Rs.75,071/- in favour of the complainant towards payment of the said dues. The cheque was presented for encashment and it returned with an endorsement 'insufficient funds'. Therefore, the complainant issued a notice and as the accused did not respond, it approached the Trial Court with a complaint under Section 200 of Cr.P.C. for the offence under Section 138 of the NI Act.

(3.) During the trial, the Managing partner of complainant was examined as PW1 and in his evidence, documents Exs.P1 to P12 were marked. The statement of accused was recorded under Section 313 Cr.P.C. The accused examined the witnesses as DWs.1 and 2 and got marked the documents EXs.D1 and D2. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, under the impugned judgment and order, acquitted the respondent. Aggrieved by the order of acquittal, the present appeal has been filed.