M.C. PUTTEGOWDA Vs. M.C. KRISHNAPPA

JUDGEMENT

(1.) This appeal is by complainant challenging the acquittal of respondent/accused for the offence punishable under Sec. 138 of Negotiable Instrument Act (for short, ' 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 and accused are real brothers. For his legal necessity, accused borrowed a sum of Rs.15,21,250.00 and towards repayment of the same issued cheque for a sum of Rs.15,21,250.00. When complainant presented it for realization, it was dishonored for want of sufficient funds in his account. Complainant got issued a legal notice and it is duly served on the accused. However, he has sent an evasive reply and hence the complaint.