ANAND KUMAR BHANDARI Vs. N NARASIMHA MURTHY

JUDGEMENT

(1.) These appeals arise out of the judgment and order acquitting the respondent for the charge under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'NI Act' for short) on a trial held by Addl. CMM, Bangalore City.

(2.) The appellant is complainant in both the cases whereas the respondent is accused. The appellant is said to have advanced a sum of Rs.1,00,000/- and the respondent is said to have issued cheque dated 22.08.2005 whereas in another transaction, appellant is said to have advanced a sum of Rs.2,00,000/- and towards repayment, cheque dated 02.12.2005 is said to have been issued by the respondent. The cheques were presented in the bank for encashment, they returned dishonored with the endorsements of stop payment and insufficient funds respectively. The appellant issued notices and as the demand was not met by the accused, a complaint came to be filed to initiate action for the offence under Section 138 of NI Act.

(3.) Both the cases were clubbed and the appellant examined as PW1 and Ex.P1 to P33 were marked. After recording the statement of respondent under Section 313 Cr.P.C. accused examined himself as DW1 and a witness DW2 and got marked documents Exs.D1 to D50. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, acquitted the respondent for the charge under Section 138 of NI Act. Aggrieved by the acquittal, the present appeals have been filed.