BABUSAB Vs. UDAYKUMAR

JUDGEMENT

(1.) This appeal is filed by the appellant-complainant under Sec. 378(1) of the Criminal Procedure Code, 1973 (for short, hereinafter referred to as ' Cr.P.C .') challenging the judgment of acquittal passed by the Civil Judge and JMFC., at Koppal in C.C. No.573/2007 dtd. 4/3/2011 whereby the learned Magistrate has acquitted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, the complainant and accused are the resident of Koppal and they are friends. It is further alleged that in furtherance of the friendship, the accused has sought financial assistance from the complainant for expansion of his flour mill business to the tune of Rs.3,50,000.00 and accordingly, in February, 2007 the complainant has advanced a hand loan of Rs.3,50,000.00. When the complainant has demanded repayment of the hand loan after one month, the accused has issued a cheque dtd. 16/3/2007 as per Ex.P.1 towards discharge of legally enforceable debt. The complainant has presented the said cheque and the said cheque came to be dishonored for insufficient of funds. Thereafter, the complainant has got issued a legal notice by registered post as well as under certificate of posting and the notice issued under the registered post returned as refused. It is further asserted by the complainant that the accused having knowledge that he has insufficient funds has issued cheque in favour of complainant towards legally enforceable debt and thereby committed an offence punishable under Sec. 138 of Negotiable Instruments Act, 1881.