S.H. SIDDALINGASWAMY Vs. SRINIVASA AND SAMPATHKUMAR

JUDGEMENT

(1.) THE learned trial Judge has acquitted respondents (accused) for an offence punishable under Section 138 of Negotiable Instruments Act. Therefore, the appellant (complainant) is before this Court. I have heard Sri. Kaleemulla Shariff, learned counsel for the complainant and Sri. A.V. Gangadharappa, learned counsel for the accused.

(2.) THE averments of the complaint are as follows: - - The accused had borrowed a sum of Rs. 2,30,000/ - from the complainant on 12.10.2002. For security of the said amount, they had issued a cheque bearing No. 0924451 dated 12.10.2002 drawn on State Bank of Mysore, Sampige branch. The complainant presented the cheque for collection in State Bank of Mysore, Sampige branch and the same was dishonoured with an endorsement "funds insufficient". The complainant issued a legal notice dated 06.03.2003 and accused in turn, replied to the said notice by raising certain untenable grounds.

(3.) DURING the evidence, complainant has come out with a different story that accused had approached him and borrowed a sum of Rs. 2,30,000/ - on 12.04.2002 and they had issued a cheque (Ex.P11) as security for repayment of the loan. The cheque issued by accused was post dated cheque dated 12.10.2002. It was drawn for a sum of Rs. 2,30,000/ -. During cross -examination, the complainant has denied the suggestion that he was running 'Siddeshwara Finance'. The accused had approached complainant and requested for loan during January, 2002. The accused gave cheque soon after receiving Rs. 2,30,000/ - from complainant. The complainant has not produced the counterfoil (challan) for having presented the cheque for encashment on 20.02.2003.