SHIVALINGEGOWDA Vs. L ANANDARAMAN

JUDGEMENT

(1.) Being aggrieved by dismissal of his complaint filed under Sec. 200 Cr.P.C, alleging offence punishable under Sec. 138 of N.I.Act, complainant is before this Court, in the appeal filed under Sec. 378(4) of 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 to meet his urgent commitment, accused borrowed a sum of Rs.5.5 lakhs from complainant on 10/2/2005 at Bhadravathi. On the same day, he issued a cheque No.0360245 drawn on Sahyadri Gramina Bank, Bhadravathi with an assurance to realize the amount by presenting the cheque. On the next day 11/2/2005, the complainant presented the cheque for encashment. However, on 14/2/2005, it was returned with an endorsement 'Account closed'. On being approached by complainant, accused evaded him. Hence, complainant got issued a legal notice dtd. 18/2/2005. After receipt of the notice, instead of complying with the requirement of the said notice, accused has sent an evasive reply. Without any alternative, complainant has chosen to file a complaint.