YASHODAMMA Vs. MRS. M. RATNA

JUDGEMENT

(1.) THE learned trial judge has acquitted the accused (respondent) for an offence punishable under Section 138 of the Negotiable Instruments Act. Therefore, the complainant is before this court. I have heard Sri. Rajagopal Naidu, learned counsel for accused and the learned State Public Prosecutor for the State.

(2.) IT is alleged in the complaint that complainant and accused are neighbours. There was friendship between the two families. The husband of accused was working as a Head Constable in the office of Superintendent of Police situate at Millers Road, Bangalore. On 20.06.2001, accused and her husband approached the complainant for financial assistance of Rs. 3,00,000/ - promising to return the money at the earliest. The complainant and her husband agreed to help the accused. The amount which was saved by the complainant was given to accused on 25.07.2001. The accused returned a sum of Rs. 15,000/ - out of the amount of Rs. 3,00,000/ - in the month of November 2001. When the complainant demanded the accused to repay the loan amount, the accused bombarded the complainant by stating that it was not possible for her to pay back the entire amount. The complainant sought intervention of well -wishers and friends. The complainant and accused entered into an agreement on 27.11.2001 and this agreement was executed in the house Smt. Munilakshmamma who is residing at Door No. 10 of Thyagarajanagar, Bangalore. The agreement was signed not only by the accused but also by the witnesses and husband of accused. Under the said agreement, the accused and her husband had agreed to pay a sum of Rs. 60,000/ - on 31.01.2002 and further agreed to pay the balance amount of Rs. 2,25,000/ - on 04.12.2002. In terms of the agreement, the accused issued post dated cheques which are five in numbers. Out of five cheques, one cheque was drawn for a sum of Rs. 25,000/ - and remaining four cheques were drawn for a sum of Rs. 49,999/ - each. The details of post dated cheques are as follows: 1) Cheque No. 497611 dated 03.12.2002 for Rs. 49,999/ - 2) Cheque No. 497612 dated 02.12.2002 for Rs. 49,999/ -

(3.) ) Cheque No. 497614 dated 31.11.2002 for Rs. 49,999/ -