KODACHADRI ARECA PVT LTD Vs. B S SWAMY

JUDGEMENT

(1.) The trial court has acquitted accused of an offence punishable under Section 138 of Negotiable Instruments Act.

(2.) Heard Sri.B.S.Prasad, learned counsel for the appellant-complainant.

(3.) It is the case of complainant that the accused firm namely, 'M/s.B.S.Thandavamurthy & Co.,' had business of purchase of Areca with the complainant. The accused was due in a sum of Rs.9 lakhs and in order to discharge the same, he had issued the cheque (Ex.P2). The complainant has admitted that the transaction was between him and the firm, of which, accused is stated to be a partner. The complainant has admitted that partnership firm namely M/s.B.S.Thandavamurthy is not arrayed as an accused.