C. SHIVANNA Vs. SRI. SHIVANNA

JUDGEMENT

(1.) THE learned trial Judge has acquitted the accused (respondent) for an offence punishable under Section 138 of Negotiable Instruments Act. Therefore, the appellant (complainant) is before this Court. I have heard Sri. P. Prasanna Kumar, learned counsel for the complainant and Sri. K.M. Umesh, learned counsel for the accused.

(2.) THE learned trial Judge has acquitted accused for the following reasons: - -

(3.) IT the case of complainant that accused had issued a cheque dated 14.12.2009 on 28.12.2008. The cheque was drawn on the account held by accused with State Bank of India, BARC Branch, Mumbai. It is the case of complainant that at the first instance, he had presented the cheque on 23.02.2010 with his banker namely Lakshmi Vilas Bank, Mysore branch and the cheque was returned for want of 'insufficient funds' in terms of the return memo dated 26.02.2010. It is the case of complainant that accused requested the complainant to re -present the cheque. Therefore, the complainant re -presented the cheque on 14.05.2010 and again the cheque was dishonoured in terms of the return memo dated 20.05.2010. The complainant had issued legal notice on 07.06.2010.