JAIRAM R. Vs. CHANDRA M. S.

JUDGEMENT

(1.) Being aggrieved by dismissal for default of complaint filed by him for the offence punishable under Sec. 138 of N.I.Act, complainant has come up with this appeal.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that he and accused are friends knowing each others since several years. During 2016, in order to improve his business accused borrowed a sum of Rs.6,00,000.00 from the complainant promising to repay the same at the earliest. On his failure, when complainant demanded repayment, accused issued two cheques dtd. 23/9/2016 for Rs.3,00,000.00 each. However, when the said cheques were presented for encashment they were returned dishonored on the ground of insufficiency of funds. When this fact was brought to the notice of the accused, he pleaded for ten months time.