F CHANDRA Vs. ANITHA

JUDGEMENT

(1.) The complainant, in C.C No.40582/2008 on the file of XIV Addl. CMM, Bengaluru City, has preferred this appeal challenging the judgment and order dtd. 2/2/2012, whereby acquitting the accused/respondent for the offence punishable under Sec. 138 of Negotiable Instrument Act, 1981 (for short 'the Act').

(2.) I have heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused.

(3.) It is the case of the complainant that the accused has presented herself as owner of site bearing No.25 situated at Vijinapura Village, K.R. Puram Hobli, Bangalore East Taluk, and the complainant purchased the same under the sale deed 25/5/2007. Subsequently, the accused executed the registered sale deed in favour of the complainant on 10/9/2007. Later, when the complainant went near the site, one Smt.A.Sadhana obstructed her by claiming that she is an absolute owner of the said property since she purchased the same vide sale deed dtd. 15/5/2002 from the vendor of the accused. She also stated that she has filed a case in O.S.No.7990/2007 before the City Civil Court, Bangalore against the accused and her husband. The copy of the caveat petition also shown by her. According to her, the accused has sold the same property to the complainant by misrepresenting the facts and without disclosing the defect title of the property. After few days, the complainant came to know the fraud played by the accused and the accused agreed to return the sale consideration. Accordingly, the accused issued the cheque bearing No.208134 dtd. 15/3/2008 for a sum of Rs.10,00,000.00 drawn on Canara Bank, Frazer Town Branch, Bengaluru and promised that she will take back the cheque and pay the cash. Afterwards, the accused did not come forward to pay the cash and therefore, the complainant presented the cheque for encashment through her banker i.e., Karnataka Bank, Murphy Town, Bengaluru. The said cheque was dishonoured for the reason 'the payment stopped by the drawer'. Subsequently, she issued the legal notice to the accused on 7/8/2008 calling upon to pay the cheque amount within 15 days. The notice was served to the accused and on 21/8/2008, she replied to the legal notice denying her liability. Since the accused failed to make the payment, the complainant filed the complaint before the learned XIV Addl. CMM, Bangalore under Sec. 200 of Cr.P.C r/w Sec. 138 of the Act to take cognizance of the offence under Sec. 138 of the Act and to punish her for the said offence.