HAZRATHSHA Vs. MOHAMMED IQBAL

JUDGEMENT

(1.) The appellant is the complainant. He has filed this appeal challenging the order passed in C.C.No.425/2006 dated 14.11.2007 by the Prl. Civil Judge (Jr.Dn.) and Prl. JMFC, Dharwad, acquitting the respondent.

(2.) It is the case of the appellant/complainant that there was a transaction between himself and the respondent/accused wherein a sale deed was executed as per Ex.D.1. Out of the total consideration of the sale deed of Rs.2 lakhs, the respondent agreed to pay Rs.1,00,000/- towards part payment in two installments and in respect of remaining Rs.1,00,000/-, the accused issued a cheque dated 20.10.2005 for Rs.30,000/- drawn on State Bank of Mysore and asked the complainant to present the same for collection after one week and further he assured that the balance amount of Rs.70,000/- would be paid later and made the complainant believe him and got the sale deed registered on 05.10.2005. The cheque issued by the accused for Rs.30,000/- on 05.10.2005 was a post dated cheque and when the complainant presented the cheque for collection on 20.10.2005, the same came to be dishonoured with an endorsement 'funds insufficient'. Subsequently, the complainant presented the same cheque for collection on 24.02.2006 and on 13.04.20006. Again the same was dishonoured and returned with an endorsement 'funds insufficient'. Thereafter, the complainant issued a legal notice through his advocate on 27.04.2006 calling upon the respondent to make payment of the cheque amount within 15 days from the date of receipt of the notice. In spite of receipt of notice on 03.05.2006, the accused has neither made the payment nor replied to the said notice. Therefore, the complainant filed a complaint under Section 138 of the NI Act.

(3.) When the case came up before the trial court, on behalf of the complainant, he himself was examined as PW-1 and two other independent witnesses as PWs-2 and 3. The documents at Exs.P.1 to 7 have been marked. On behalf of the respondent, two witnesses are examined as DWs-1 and 2 and the documents at Exs.D.1 to 3 have been marked.