AMARESH Vs. SHIVAKUMAR

JUDGEMENT

(1.) The appellant/complainant is challenging the judgment of acquittal passed by II Additional Civil Judge and JMFC, Sindhanur in C.C.No.856/2015, dtd. 7/8/2019 for the offence under Sec. 138 of 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 accused has approached the complainant and requested to give hand loan of '5,00,000/- for his legal necessities. On 2/2/2009 the accused on executing demand promissory note in presence of witnesses has taken loan of '5,00,000/- agreeing to pay interest at 2% per month. The accused in order to discharge the said debt has issued cheque bearing No.128218 dtd. 2/1/2012 drawn on Canara Bank, Sindhanur Branch for an amount of '8,50,000/-inclusive of interest. The said cheque on presentation through his banker came to be bounced for want of sufficient fund in the account of accused as per bank endorsement dtd. 4/1/2004. The complainant has issued demand notice dtd. 17/1/2012 on two addresses of accused. The said notices were returned with endorsement no such addressee and party left on 20/1/2012 and 19/1/2012. The accused has deliberately evaded service of notice on the said address to escape from the legal clutches. The complaint is filed on 31/3/2012.