SMT. KANCHANA Vs. SUBRAMANI

JUDGEMENT

(1.) THIS appeal has been filed challenging the Judgment dated 21.04.2006 passed by the 22nd Additional Chief Metropolitan Magistrate and 24th Additional Small Causes Judge, Bangalore City in CC No. 15322/2004 acquitting the accused therein for the offence under Section 138 of Negotiable Instrument Act.

(2.) IT is the case of the complainant/appellant that, respondent had issued two cheques for a sum of Rs. 2,75,000/ - in all, in respect of the amounts due and legally recoverable from the accused and when the cheques were presented for payment through State Bank of Mysore, Cottonpet Branch, the same got dishonoured as per endorsement dated 20.05.2004 on the ground of "funds insufficient". Thereafter, the complainant issued notice on 04.06.2004, through Registered Post and Under Certificate of Posting under Section 138 of Negotiable Instrument Act calling upon the accused to pay the cheques amounts, but the notice sent through RPAD was returned unserved with an endorsement "intimation delivered and unclaimed, return to sender" and the notice sent though Under Certificate of Posting was duly served. But accused/respondent has not replied to the said notice nor he has paid the cheque amounts. Hence, after the period provided under the statute, complainant filed a private complaint before the jurisdictional Court under Section 200 of Cr.P.C.

(3.) DESPITE the case being posted before the Court on various dates neither the counsel for the appellant nor the counsel for the respondent appeared before the Court and submitted their arguments. The case is of the year 2006 and qualifies to be a case older than five years, hence this Court scrutinized the entire trial Court records personally and the matter is posted today for dictating Judgment.