SOMANATH MESTHA Vs. G SAINATH SHET

JUDGEMENT

(1.) Being aggrieved by dismissal of complaint filed by him under Sec. 200 Cr.P.C alleging offence punishable under Sec. 138 of N.I. Act against the respondent accused, appellant/complainant is before this Court under Sec. 378 Cr.P.C.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that he knows the accused since five years. Accused for his personal necessity borrowed loan of Rs.78,000.00 to do jewellery business and promised to repay it on demand. Towards repayment of the said loan, accused issued cheque dtd. 5/9/2001, with a promise to arrange funds for payment of the same. However, when complainant presented for encashment, it was dishonoured on the ground 'Funds insufficient' and returned with the memo dtd. 24/9/2001. Complainant got issued a legal notice dtd. 28/9/2001 and it is duly served on the accused on 4/10/2001. However, accused has sent reply making false allegations. Therefore, the present complaint is filed.