SHYLAJA K.N. Vs. THIPPESWAMY

JUDGEMENT

(1.) Being aggrieved by the dismissal of her complaint filed under Sec. 200 Cr.P.C, for the offence punishable under Sec. 138 of Negotiable Instruments Act (for short 'N.I.Act' ), 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 case of the complainant that she knows accused through her uncle Honnappa. To clear his personal debts and also to meet his family necessity, accused borrowed hand loan of Rs.1,60,000.00 from the complainant on 15/2/2005. He agreed to repay the same within a period of six months and issued a post dated cheque bearing number 768265 dtd. 4/8/2005. On due date, when complainant informed the accused that she is presenting the cheque, he expressed his inability to arrange for the funds and requested her to present it on 20/9/2005. Accordingly, when complainant presented the said cheque, it was retuned with endorsement 'insufficient funds'.