B. BHAGAT RAM Vs. H.P. SHIVANANDA HEGDE

JUDGEMENT

(1.) Being aggrieved by the dismissal of complaint filed by him under Sec. 200 Cr.P.C. against the respondent/accused alleging offence punishable under 138 of N.I.Act, complainant has filed this appeal under Sec. 378(4) Cr.P.C.

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

(3.) It is the case of the complainant that he was working under the accused. At the time of leaving employment, accused was due in a sum of Rs.5,20,000.00 i.e., Rs.3,00,000.00 towards security deposit and Rs.2,20,000.00 towards arrears of salary. To discharge the said liability, accused issued cheque bearing No.479409 dtd. 5/6/2004 for a sum of Rs.5,20,000.00 drawn on State Bank of Hyderabad, Mangaluru Branch. When complainant presented for collection, it was returned with a memo dtd. 8/6/2004 with an endorsement "account closed".