M.CHANDRAN Vs. RAJANNA GOWDA

JUDGEMENT

(1.) Though the matter is posted for hearing on the interlocutory application, with the consent of the learned counsel for the appellant, the matter is taken up for admission.

(2.) The appellant is said to have advanced a sum of Rs. .50,000/- to the respondent on 10.6.2007 and towards repayment, a cheque dated 10.10.2007 for a sum of Rs. .50,000/- drawn on State Bank of India was given to the appellant. When the cheque was presented, it returned with an endorsement ' account closed'. The appellant issued a notice and as the respondent did not pay the amount, a complaint was filed in the Trial Court to initiate action against the respondent for the charge u/s 138 of the Negotiable Instruments Act. In the Trial Court, the complainant is examined as PW-1 and the Bank Manager is examined as PW-2. Documents Ex.P1 to P10 are marked.

(3.) The Trial Court after hearing the counsel for the parties has acquitted the respondent for the charge, aggrieved by which the present appeal is filed.