PADMA FINANCIERS Vs. V. S. BALIGA

JUDGEMENT

(1.) This appeal arises out of judgment passed in C.C.No.1740/2009 dtd. 14/6/2012 by the II Additional Civil Judge and JMFC, Shimogga wherein learned JMFC acquitted the accused for the offences punishable under Sec. 138 of Negotiable Instruments Act (for short hereinafter referred to as 'N.I. Act').

(2.) In brief the case of the complainant is that the accused had borrowed a sum of Rs.1,50,000.00 from the complainant and agreed to pay the same with interest @ 23% p.a., within five months from the date of borrowing the loan. In that connection, the accused had issued three cheques bearing Nos.957442, 957443, 957444 dtd. 4/2/1998, 15/3/1998 and 31/3/1998 respectively. When the complainant presented those cheques for encashment on 22/6/1998, the said three cheques came to be dishonoured for want of 'sufficient funds'. Therefore, the complainant issued demand notice dtd. 26/6/1998. The same was served on the accused and the accused gave a reply on 1/7/1998. But as the accused did not pay the amount, the complainant filed the complaint on 24/8/1998.

(3.) In order to prove his case, the complainant got examined himself as PW.1 and got marked eleven documents as Exs.P1 to P11. The respondent got examined himself as RW.1. But no documents are marked on behalf of respondent. After hearing the arguments, learned JMFC acquitted the accused on the ground that the complaint itself was time barred. Aggrieved by the same, the complainant has filed this appeal.