N RAJAPPA Vs. MANU ITTINA

JUDGEMENT

(1.) Appellant who is complainant, has filed this appeal under Sec. 378 (4) of the Cr.P.C, challenging the judgment and order of the Sessions Court in Crl.A.No.113/2016, whereby the Sessions Court reversed the conviction imposed by the trial Court for the offence punishable under Sec. 138 of N.I. Act and acquitted the accused.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) It is the case of complainant that accused is a developer-cum-builder having business in the name and style of Ittina properties Private Limited. Accused has dealt with complainant with regard to land and received Rs.27.00 lakhs. However, he did not return the said amount on the ground that he has suffered loss. When demanded repayment of the said amount, accused issued a cheque bearing No.701059 dtd. 31/3/2013, drawn on ICICI Bank for Rs.27.00 lakhs. On 14/6/2013, when complainant presented the said cheque for realization, it was returned dishonoured on the ground that the drawer's signature differs. In this regard on the advice of accused, complainant re-presented the said cheque for encashment on 24/6/2013. Once again, it was dishonoured on the ground that signature of the drawer differs.