R PRAMOD Vs. GANGADHARAIAH

JUDGEMENT

(1.) This appeal is filed by the complainant being aggrieved by the judgment and order of acquittal dtd. 1/10/2022 in Criminal Appeal No.858/2019 on the file of LIX Additional City Civil and Sessions Judge (CCH-60), Bengaluru.

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience.

(3.) It is the case of the complainant that the accused approached him for financial assistance on 14/9/2015 and requested him to make payment of Rs.20.00 lakhs for his domestic problems. The complainant and his family members considering the said need advanced the said amount in cash to the accused. The accused at the time of availing the said loan had agreed to repay the same within six months. In the first week of April 2016, the complainant demanded him to repay the said amount, at that time, the accused sought for two months time to repay the said amount. When the complainant demanded the accused to repay the said amount, the accused issued two cheques for a sum of Rs.10.00 lakhs each and instructed the complainant to present the cheques for encashment. When those cheques were presented for encashment, the cheques were returned with a shara as "funds insufficient'. Notice was issued and brought to the knowledge of the accused about dishonour of cheques on 13/7/2016. The notice was returned with a shara as "door lock, intimation delivered, not claimed". Therefore, a complaint came to be lodged by the complainant before the jurisdictional Magistrate.