H. M. SHIVMADHU Vs. N. S. NAWAB

JUDGEMENT

(1.) In this appeal, the complainant has challenged the impugned judgment and order passed by the trial Court acquitting the accused for the offence punishable under Sec. 138 of N.I.Act.

(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 5-6 years. On 10/10/2008, accused requested the complainant to lend Rs.4.00 lakhs to meet his legal necessity, viz., to purchase a lorry and other requirements. Accordingly, on 19/10/2008, complainant lend Rs.4.00 lakhs to the accused. Towards repayment of the same accused issued a post dtd. 19/1/2009 cheque and assured due payment. On 19/1/2009, accused requested the complainant to present the cheque on 29/1/2009. Accordingly, on 29/1/2009, complainant presented the cheque for encashment. However, it was dishonored on the ground of "funds insufficient".