MAHESHWARI WINES, THROUGH ITS PROPRIETOR Vs. PANCHAPPA

JUDGEMENT

(1.) APPEAL is by the complainant against the order of acquittal passed by the IV Addl. JMFC, Gulbarga in CC 572/2001 on 9.4.2009. Complaint was filed under S. 138 of the Negotiable Instruments Act r/w S. 420, IPC against one P.M. Mannur. Towards transaction of supply of liquor to the accused by the complainant, accused had issued a cheque dated 29.4.2000 drawn on Union Bank of India, Gulbarga Branch for Rs. 1,70,644/ -. On presentation, the cheque was dishonoured. After service of notice, due to non -payment, case came to be registered. Before inquiry, despite issuance of proclamation, accused did not appear but later appeared during 2008 obtaining anticipatory bail. Since the accused pleaded not guilty, inquiry was held. Thereafter, accused was convicted and sentenced to pay double the cheque amount i.e., Rs. 3,41,288/ - to the complainant. Against the said order, the accused went in appeal which came to be allowed acquitting him. However, at the time of acquittal, the CAO was directed to lodge a complaint against the accused for the offence under S. 187, 188 and 191, IPC. Being aggrieved, this appeal.

(2.) HEARD the counsel representing the parties.