BASANTH PICTURES Vs. M A GANESHA MURTHY

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 "N.I. Act" for short].

(2.) THE brief facts relevant for the purpose of this appeal are; The appellant, who is the complainant before the Trial Court lent a sum of Rs.3,50,000-00 to the respondent i.e., the accused for business purpose through a cheque bearing No.45275 dated 04.10.1995. The accused also executed a promissory note and received a sum of Rs.3,50,000-00 as per the cheque issued. The accused did not pay the amount on the request by the complainant and ultimately at the intervention of the common friends and well-wishers, the accused issued a cheque bearing No.009526 dated 14.10.1999 for Rs.3,50,000-00 drawn in the name of the complainant and when the said cheque was presented by the complainant for encashment on 29.10.1999, it returned on 30.10.1999 with an endorsement "account closed". The complainant issued a notice dated 13.11.1999 to the accused, who did not even reply the said notice and the amount was not paid. The accused alleges that he lost/misplaced the cheque and also lodged a complaint to the Police in this regard. As the accused did not pay the amount of Rs.3,50,000-00 with interest at 4% p.a., the complainant approached the trial Court with complaint under Section 200 Cr.P.C. to initiate action against the accused for the aforesaid offence. In pursuance to the process issued, the accused appeared and pleaded not guilty. In the trial, the complainant examined himself as P.W.1 and 2 witnesses P.Ws.2 and 3 and got marked the documents Exs.P1 to 11. Statement of the accused under Section 313 Cr.P.C. was recorded. The accused examined himself as D.W.1. The trial Court after hearing the learned counsel for the parties and on appreciation of the material on record, acquitted the accused for the charge under Section 138 of the Act. Aggrieved by the Order, the present appeal has been filed.

(3.) THE point that arises for my consideration is; Whether the appellant has made out any grounds to warrant interference in the impugned Judgment and Order acquitting the respondent for the charge under Section 138 of N.I. Act?