S.VASANTHAPPA Vs. VEEREGOWDA

JUDGEMENT

(1.) This is an appeal filed under Sec. 378(4) of Criminal Procedure Code, 1973 (' Cr.P.C .' for short) by the appellant/complainant challenging the judgment of acquittal passed by the XXII Additional Chief Metropoliton Magistrate, Bangalore City in CC No.13136/2012 dtd. 24/3/2016, whereby the learned magistrate has acquitted the accused/respondent herein for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ( ' N.I. Act ' for short).

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, the complainant and accused are well conversed with each other since many years and the accused had borrowed a sum of Rs.6,00,000.00 from complainant on 10/12/2010 by way of cash. It is also asserted that the accused had demanded hand loan only to be paid in cash on the ground that he has to repay the other hand loans borrowed by him from others. The accused has assured the complainant that he would repay the above said sum within six months and when complainant demanded repayment of the amount in June 2011, accused has issued a cheque for Rs.6,00,000.00 dtd. 14/7/2011 drawn on ING Vysya Bank Ltd. and when the same was presented it was bounced on the ground that account was closed. It is also alleged that thereafter the complainant issued legal notice to the accused and notice returned with an endorsement that intimation delivered and accused has neither paid the amount nor responded and hence, he has filed a complaint under Sec. 200 of Cr.P.C. alleging that accused has committed an offence under Sec. 138 of NI Act.