M N ARUN Vs. ASHOK KUMAR ADIGA

JUDGEMENT

(1.) This appeal by the complainant in C.C. No.26620/2001 on the file of XIV Additional CMM, Bangalore, is directed against the Judgment and Order dated 20.03.2004 passed in the said case acquitting the respondent-accused of the charge levelled against him for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, 'N.I. Act').

(2.) The appellant filed private complaint under Section 200 of Cr.P.C. alleging offence punishable under Section 138 of the N.I. Act against the respondent inter alia contending that, towards the value of the computer peripherals supplied by him, the respondent-accused issued cheque dated 31.01.2000 for a sum of Rs.1,55,000/- drawn on State Bank of India, Basaveshwaranagar Branch, Bangalore and when the said cheque was presented for encashment, the same was returned un-paid for 'insufficiency of funds' in the account and in spite of service of notice, the respondent-accused failed to pay the amount covered under the cheque.

(3.) The respondent-accused pleaded not guilty for the accusation made against him. He also contended that the complaint was barred by time for the reason that the complaint was filed beyond the period of limitation from the date of accrual of cause of action.