V.T.BASAVARAJAPPA Vs. Y.K.MANJUNATH

JUDGEMENT

(1.) The appellant-complainant has preferred this appeal against the judgment of acquittal dtd. 3/3/2022 passed in CC No.475 of 2017 passed by the Additional Civil Judge and JMFC, Tarikere (for short hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the trial Court.

(3.) Brief facts of the complainant's case are that: The complainant and the accused are known to each other. On 5/2/2017 accused has approached the complainant and borrowed the loan of Rs.5.00 lakh from the complainant for his household necessities and for development the photo studio and agreed to repay the same within two months. Thereafter, the accused has issued a post-dated cheque bearing No.317538 dtd. 5/4/2017 drawn on Corporation Bank, Tarikere Branch in favour of the complainant. The complainant has presented the Cheque to the Bank for encashment, the same was returned with endorsement "insufficient funds". Thereafter, the complainant got issued legal notice on 4/7/2017 calling upon him to repay the cheque amount. The notice was duly served on 12/4/2017. But the accused has neither paid the loan amount nor sent any reply notice. Hence the complainant has filed complainant under Sec. 200 of Code of Criminal Procedure for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.