ASHOK KUMAR K. V. Vs. VARADARAJU

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of both learned counsel for parties the matter is taken up for final disposal.

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

(3.) This appeal is by the complainant, challenging the dismissal of the complaint filed by him against respondent/accused for the offences punishable under Sec. 138 of N.I.Act, contending that the accused borrowed a sum of Rs.10,00,000.00 with a promise to repay the same within six months. When he failed to keep up with his promise, on insistence by the complainant, he issued two cheques i.e., for Rs.5,50,000.00 and Rs.4,50,000.00. When they were presented for encashment, they were dishonored for insufficient funds. After issuing legal notice and on failure of respondent/accused to pay the amount due, he filed complaint under Sec. 200 Cr.P.C.