SUPER CASSETTES INDUSTRIES LIMITED Vs. G.M. HULBANNI

JUDGEMENT

(1.) Though this appeal is listed for orders regarding non-receipt of the records from the Trial Court, the matter is heard on merits by consent of the learned Counsel appearing on both sides. Having regard to the short question involved in this appeal, the records are not very much necessary for disposal of this appeal. This appeal is by the complainant in a proceeding under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and is questioning the legality and correctness of the order of acquittal passed by the Appellate Court in the appeal filed by the respondent-accused after setting aside the judgment of conviction recorded by the Trial Court.

(2.) The appellant filed complaint alleging offence under Section 138 of the Act against the respondent-accused inter alia contending that towards discharge of his liability outstanding to the complainant, the accused issued cheque dated 31-7-1993 for a sum of Rs. 87,966/- drawn on Syndicate Bank, Gadag and when the said cheque was presented for encashment, the same was returned unpaid with the banker's endorsement "insufficient funds" and inspite of service of statutory notice, the respondent has failed to pay the amount covered under the cheque as such he has committed the aforesaid offence.

(3.) The respondent-accused on his appearance before the learned Magistrate pleaded not guilty for the accusation made against him and claimed to be tried. His defence was one of total denial. It was also his defence that the cheque in question was not issued for discharge of any debt or liability and that there was no valid notice served on him as required by Section 138(b) of the Act. In support of his case, the complainant examined himself and also produced documentary evidence. The respondent-accused did not choose to lead any defence evidence.