SHEKHARAPPA Vs. NAGAPPA

JUDGEMENT

(1.) THE appellant was the complainant and respondent was the accused in C.C. No. 276/2012. The learned trial Judge has acquitted the accused of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). Therefore, complainant has filed this appeal.

(2.) I have heard Sri. B.V. Somapur, learned counsel for complainant and Sri. P.H. Gotkhindi, learned counsel for accused.

(3.) AT this stage, it is relevant to state that in the cause -title of complaint, so also in the legal notice dated 04.12.2006, complainant has stated that accused is an employee of Zilla Panchayath office at Yelburga. The averments made in the complaint and legal notice that accused had availed loan for a sum of Rs. 5,00,000/ - for contract works looks prima facie absurd.