K.R. SHIVANNA Vs. M.T. KAMALAKSHI

JUDGEMENT

(1.) HEARD Sri. S.P. Kulkarni, learned counsel appearing for the appellant and Sri. Nagaiah, learned counsel appearing for the respondent. Though this matter is posted for admission, with the consent of both the counsel the matter is disposed of. This appeal, is filed challenging the judgment dated 16.11.2012 on the file of the additional Civil Judge and JMFC, Somwarpet, in C.C. No. 233/09 acquitting the respondent of the offence under Section 138 of the NI Act.

(2.) IT is the case of the complainant that the accused has issued a post dated cheque towards repayment of a loan given by the complainant to the accused, bearing No. 740433 dated 25.04.2008 for Rs. 1,50,000/ -, which was drawn on the Karnataka Bank, Kudige, and when the said cheque was presented for payment on 25.04.2008, the bank had endorsed stating that funds standing to the credit, of accused are insufficient to honor the cheque. Thereafter the complainant had issued a notice under Section 138 of the NI Act by registered post as well as under certificate of posting (UCP). The registered post issued in the name of the respondent in her Kudige Village address was returned as not claimed, whereas the notice under UCP according to the complainant is duly served on the accused

(3.) THE learned Magistrate on hearing the complainant and the accused held that the statutory notice issued to the respondent is not sent to her correct address and therefore, there is no compliance of section 138(b) of the NI Act. Hence relying on the rulings of the Hon'ble Supreme Court he has acquitted the accused of the offence mentioned above of the charges against her