K.P. PRAKASH Vs. K. PRASANNA KUMAR

JUDGEMENT

(1.) This appeal is filed by the complainant / appellant against the impugned judgment and order of acquittal passed in C.C.No.27327/2007 dtd. 27/8/2011 passed by the learned XXII ACMM and XXIV ASCJ, Bangalore, wherein the trial Court acquitted the accused / respondent for the offence under sec. 138 of N.I. Act.

(2.) Brief facts of the case are as under:-

(3.) When the Appellant presented the said cheque through his banker on 5/7/2007, he received a message from the Bank that the cheque had been dishonored, with a shara as "funds insufficient ". The Appellant had issued a legal notice on 3/8/2007 both by RPAD and UCOP. Despite the service of notice, the respondent neither replied nor paid the cheque amount. Hence, the appellant/complainant has lodged the complaint before the trial Court.