H. K. RACHAPPAJI Vs. VISHWANATH

JUDGEMENT

(1.) This appeal is filed under Sec. 378(2) (b) Cr.P.C, by complainant challenging the judgment and order dtd. 1/4/2010, in Crl.A.No.302/2009, whereby the Sessions Court set aside the conviction and sentence dtd. 13/3/2009, in C.C.No.15506/2007, passed by the trial Court, convicting the respondent/accused for the offence punishable under Sec. 138 of N.I.Act.

(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 accused borrowed a sum of Rs.2,00,000.00 and towards repayment of the same, issued cheque dtd. 2/5/2007 drawn on Syndicate Bank, Malleswarama 18th Cross Branch, Bengaluru. On 3/5/2007, when complainant present the same through Suvarna Co-operative Bank, Srinagar Branch, Bengaluru, it was returned dishonored with an endorsement 'insufficient funds'. He got issued legal notice dtd. 8/5/2007, though RPAD and under certificate of posting. The notice sent through RPAD is returned with endorsement 'intimation delivered'. The one sent under certificate of posting is duly served on the accused. However, he has neither sent the reply nor complied with the said notice and without any alternative, he has approached the trial Court.