THIMMAIAH Vs. ESHWARAPPA

JUDGEMENT

(1.) This matter is listed for admission.

(2.) Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent.

(3.) The factual matrix of the case of the complainant/respondent is that the complainant and the accused are close friends. The petitioner herein had approached for financial assistance of Rs.2.00 Lakhs for the purpose of his tractor business and discharge the hand loans availed from others. On 15/4/2013, the complainant had paid Rs.2.00 Lakhs to the accused at Bellur in the presence of witnesses, while receiving the amount; the accused had promised the complainant to return the same within three months. On the very same day, he had issued post-dated cheque dtd. 10/7/2013 in favour of the complainant. The petitioner did not repay the said loan amount within time. When the cheque was presented, it was returned with an endorsement as "Funds Insufficient". A legal notice was issued on 24/7/2013 and the accused did not reply to the said legal notice. Hence, a complaint is registered. The Trial Court took cognizance and thereafter secured the petitioner, he did not plead guilty.