DEVARAJ Vs. BALAPPA

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.4945/2015, dtd. 2/11/2020 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 accused has approached the complainant and requested to give hand loan of Rs.2,50,000.00 and promise to pay within six months. The accused in order to discharge the said debt has issued cheque bearing No.002051 dtd. 6/8/2015 drawn on ICICI Bank, Branch Jamakahandi taluka for an amount of Rs.2,50,000.00. The said cheque on presentation through his banker KVG Bank, Branch Bijapur on 20/8/2015 and came to be bounced for want of sufficient fund in the account of accused as per bank endorsement dtd. 20/8/2015. The complainant has issued demand notice dtd. 19/9/2015, the same has been duly served on 21/9/2015. The accused in spite of due service of notice has neither paid the amount covered under the cheque nor replied to the said notice. The complaint is filed on 4/11/2015.