JAGADISH Vs. H.V. PRABHAKARA

JUDGEMENT

(1.) This is an appeal filed under Sec. 378(4) of Criminal Procedure Code, 1973 (' Cr.P.C .' for short) by the appellant/complainant challenging the judgment of acquittal passed by the Principal Civil Judge and JMFC at Hassan in CC No.1545/2006 dtd. 5/12/2011, whereby the learned Judge has acquitted the accused/respondent herein for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ( ' N.I. Act ' for short).

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, the complainant and accused are well-versed with each other, as they are friends; that the accused has availed hand-loan of Rs.8.00 Lakhs from the complainant and towards discharge of the said debt, he has issued a cheque dtd. 27/3/2006 in favour of the complainant. It is the further case of complainant that, when the complainant has presented the said cheque for encashment, it was bounced for insufficient funds and immediately the complainant has got issued a legal notice on 7/4/2006, which was served on the accused, but he did not respond. Hence, the complainant claims that the accused has issued a cheque towards legally enforceable debt, having knowledge that he had no sufficient amount in his account and thereby he lodged a private complaint.