K. G. NIRMALAMMA Vs. B. L. SHIVAKUMAR

JUDGEMENT

(1.) Being aggrieved by the dismissal of the complaint filed by her, complainant has come up with this appeal under Sec. 378(4) of 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 definite case of the complainant that she and accused are known to each other. During the month of September, 2008, accused requested loan of Rs.2,00,000.00 to meet his house hold expenses. On the same evening, she advanced Rs.2,00,000.00 to the accused, which he promised to pay within three months and issued a post dated cheque mentioning the date as 1/12/2008. Since accused failed to repay the loan as promised, she presented the cheque on 1/12/2008. However, it was returned dishonoured on 2/12/2008 with an endorsement - "insufficient funds".