S. UDAYAKUMAR Vs. M.D. NING APPA

JUDGEMENT

(1.) This appeal is filed by the complainant questioning the correctness of the judgment dtd. 21/8/2009 passed by the II Additional District and Sessions Judge, Davanagere, in Criminal Appeal 64/2009. The material facts are as follows :

(2.) As the cheques issued by the respondent for Rs.1,25,000.00 and Rs.1,00,000.00, (totally Rs.2,25,000.00) for discharging the loan that he had taken from the complainant were dishonoured, the latter initiated action for the offence under sec. 138 of the Negotiable Instruments Act. The learned Magistrate, having found that the evidence adduced by the complainant established that the respondent had borrowed money and for discharging same, he issued the cheques which were dishonoured for insufficiency of funds in his bank account, convicted him and sentenced to fine of Rs.4,000.00 and directed him to undergo simple imprisonment for two months in case he failed to pay the fine amount. The learned Magistrate directed the respondent to pay Rs.2,60,000.00 towards compensation. Aggrieved by judgment of conviction, the respondent preferred an appeal to the Court of II Additional District and Sessions Judge, Davanagere. The appellate court allowed the appeal and reversed the judgment of the Magistrate and thereby acquitted the respondent. Hence, this appeal under sec. 378 (4) of the Code of Criminal Procedure.

(3.) I have heard the arguments of Sri A.C.Balaraj, learned counsel for the appellant and Sri V.B.Siddaramaiah, learned counsel for the respondent.