KARIBASAPPA Vs. MALLIKARJUN

JUDGEMENT

(1.) The appellant/complainant is challenging the judgment of acquittal passed by II Additional Civil Judge and JMFC-II, Vijayapura in C.C.No.1527/2012, dtd. 6/7/2020 for the offence under Sec. 138 of Negotiable Instruments Act (hereinafter referred to as'N.I. Act').

(2.) The parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of complainant can be stated in nutshell to the effect that on 7/2/2010 accused has approached the complainant and requested to give hand loan of Rs.2,00,000.00, which was required for his contract work. The complainant has gave Rs.2,00,000.00 on assurance of accused that he will return the same within 9 months. The accused in order to discharge the said debt has issued Cheque bearing No.130702 dtd. 7/12/2010 drawn on Alahabad Bank, Vijayapura. The complainant presented the said Cheque for collection on 27/1/2011 and the same was dishonoured for want of sufficient funds vide bank endorsement dtd. 28/1/2011. On intimating the said fact to the accused, the accused has requested to represent the Cheque after 20 days. The complainant has represented the Cheque on 28/2/2011 through his Banker State Bank of India, Treasury Bank, Vijayapura. The same was again dishonoured with endorsement of insufficient funds vide memo of Bank dtd. 1/3/2011. The complainant has issued Demand Notice on 14/3/2011. The wife of accused has received the notice on 16/3/2011. However, the accused has neither replied to the notice nor paid the money covered under the Cheque. The complaint is filed on 29/4/2011.