BASAVANNA Vs. SIDDARAJU

JUDGEMENT

(1.) In this appeal complainant has challenged the impugned judgment and order passed by the Sessions Court, whereby it has set aside conviction and sentence of respondent/accused for the offence punishable under Sec. 138 of N.I.Act, imposed by the trial Court directing him to pay the cheque amount within a period of three months, in default to undergo simple imprisonment for six months.

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

(3.) It is the case of the complainant that accused borrowed a sum of Rs.1,20,000.00 from the complainant on 10/4/2006. However, he failed to repay the said amount as promised. On repeated demand, accused issued cheque dtd. 3/4/2007 drawn on State Bank of Mysuru, Kuderu Branch. However, on 21/8/2007 when complainant presented the same through his banker i.e., Primary Agriculture Co-operative Bank Ltd., Ummathur (for short 'PACC Bank"), it was returned with endorsement "Funds Insufficient". Therefore, he got issued a legal notice on 12/9/2007. The same is returned with endorsement "Party not in station". Intentionally the accused has failed to receive the legal notice. Therefore, it is deemed to be served. Since he failed to comply with the requirement of the notice or send reply, complainant has filed the complaint.