PUTTARAJU Vs. Y RAJGOPALA NAIDU

JUDGEMENT

(1.) The appellant/complainant has preferred this appeal against the judgment of acquittal dtd. 14/8/2013 passed in CC No.127 of 2012 by the Senior Civil Judge and JMFC, Nagamangala (for brevity, 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 case of the complainant/appellant are that in the years 2010 and 2011, the complainant and accused were doing business under partnership. In the year 2011, misunderstanding arose between them. Therefore, they decided to close the partnership business and at the time of closing the partnership business, the accused by accepting liability of Rs.1,50,000.00, issued a cheque dtd. 10/10/2011 to the complainant to be drawn on Axis Bank, Ramanagar (Andhra Pradesh). The complainant presented the same for encashment to Canara Bank, Bellur Branch, Nagamangala. The Canara Bank has sent the cheque to Axis Bank, Ramanagar (Andhra Pradesh) for clearance, but the same came to be returned on 14/10/2011 with endorsement "Account closed". The complainant sent legal notice dtd. 4/11/2011 to the accused through registered post. After receipt of the same, the accused sent reply, but he has not paid any cheque amount. Therefore, the complainant lodged a complaint under Sec. 200 of the Code of Criminal Procedure for commission of offence punishable under Sec. 138 of Negotiable Instruments Act, 1881.