SHIVANAGOUDA Vs. MAHANTESH NAGAPPA GAJAPATI

JUDGEMENT

(1.) This appeal is filed by the appellant/complainant challenging the judgment of acquittal passed by the J.M.F.C.-II Court, Belagavi in C.C. No.1569/2009 dtd. 16/9/2014 whereby the learned Magistrate has acquitted the accused-respondent herein for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ' N.I. Act ', for short)

(2.) For the sake of convenience, the parties are referred to with the original rankings occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that the accused is a contractor by profession and he is brother-in-law of the complainant. It is further asserted that accused used to avail hand loan from the complainant and as on 24/2/2007, the total amount received by the accused was Rs.3,50,000.00. Hence, it is asserted that in this regard on 24/2/2007 itself the accused has executed a demand promissory note in his favour and after his persistent requests, the accused issued a cheque bearing No.696322 dtd. 29/9/2009 for a sum of Rs.3,50,000.00 drawn on Vijaya Bank, Ramdev Galli Branch, Belagavi. When the complainant presented the said cheque, it was dishonoured for insufficient funds. Thereafter the complainant issued a legal notice and the same was served on the accused but accused gave an untenable reply. Hence, the complainant filed a complaint under Sec. 200 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) against the accused for the offence punishable under Sec. 138 of N.I. Act.