R.VENKATESH Vs. CHANDRAKALA

JUDGEMENT

(1.) The complainant/appellant has preferred this appeal against the judgment of acquittal passed by the Additional ACMM and XX ASCJ, Bangalore City in CC.No.9811/2006 dtd. 3/7/2012.

(2.) The rank of the parties in this appeal are referred in the same rank as referred by the Trial Court.

(3.) The brief facts of the complaint is that, the complainant and accused have been acquainted each other since from several years. Accused approached the complainant for financial assistance of Rs.50,000.00 as hand loan. He has paid the hand loan of Rs.50,000.00 by way of cash on 1/3/2005. Accused agreed to pay interest at the rate of 2% p.m., and also agreed to repay the loan amount within six months. Despite of expiry of six months, accused has not cleared the debt. On continuous follow ups, accused has issued a cheque in question in his favour for Rs.50,000.00 and he has presented the same with his bank and the same was returned with an endorsement 'Account Closed/Transferred'. He has issued legal notice by UCP and RPAD and same was duly served on the accused. Despite of service of notice, accused has not cleared the debt. Thus the accused has committed the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.