G.V. SHASHIKALA Vs. GIRIYAPPA

JUDGEMENT

(1.) This appeal is filed by the appellant / complainant being aggrieved by the judgment and order of acquittal dtd. 3/2/2017 in Crl.A.No.1248/2016 on the file of LXVII Additional City Civil and Sessions Judge at Bengaluru.

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience. Brief facts of the case are as under:-

(3.) The accused was introduced to the complainant through her brother Sri G.V.Jagadish and one of her family members namely Sri.Seetharam. It is stated that, the accused had borrowed Rs.2,50,000.00 from the complainant and agreed to repay the said amount within one month and issued a cheque dtd. 10/6/2013 as a security. When the stipulated time was over, the complainant informed the accused and demanded the amount. However, the accused instructed the complainant to present the said cheque for encashment in the third week of August, 2013. Considering the request, the cheque was presented on 22/8/2013. However, the said cheque was dishonoured with a shara as 'Funds insufficient'. Immediately, the fact was made known to the accused. Again the accused requested the complainant to present it again. Accordingly, the cheque was presented on 6/9/2013. However, the said cheque was dishonoured with the same shara as it was received earlier. A notice was issued to the accused on 17/9/2013. Notice was served to the accused on 17/10/2013. Thereafter, the accused requested the complainant and issued fresh cheque dtd. 21/9/2013 for the said amount. Again, the second cheque was presented for encashment on the same day, however, it was also dishonoured with a shara 'funds insufficient' and the complainant has received Bank Memo on 23/9/2013. Hence, notice was issued on 5/10/2013 and it was served on 17/10/2013. In spite of receipt of legal notice, the accused did not reply or comply the notice. Hence, complaint has been lodged before the jurisdictional Magistrate for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act'). The jurisdictional Magistrate took cognizance of the offence and proceeded with the case.