N. S. RAMARAO Vs. NAZIRSAB

JUDGEMENT

(1.) This is complainant's appeal challenging the acquittal of 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 and one Sayad of Hullimatti through the mediation of complainant, entered into a contract on 14/7/2006 with Sri.Kudli Arya Akshobya Tirtha Kudli Mutt (for short 'Kudli Mutt'), to purchase sugarcane and areca crop situated in 2 acres of garden land belonging to the Kudli Mutt for a total sum of Rs.1,10,000.00. He paid Rs.501.00 as advance. Accused promised to pay 50% of the balance before Ganesha Chaturthi and remaining on or before 25/12/2006. As agreed, accused removed the crops and paid Rs.50,000.00 before Ganesha festival through a bearer cheque. Complainant encashed the said amount and credited it to the Kudli Mutt authorities on 5/10/2006.