C.K.RAVI KUMAR Vs. G.S.VENKATESH

JUDGEMENT

(1.) This appeal is by the complainant filed under Sec. 378(4) of Cr.P.C, challenging the judgment and order dtd. 7/5/2016 passed by the trial Court in C.C.No.1087/2013, whereby the complaint filed by the complainant under Sec. 200 Cr.P.C for the offence punishable under Sec. 138 of N.I.Act came to be dismissed.

(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 he and accused are known to each other since long time. For his legal necessity viz., to discharge hand loan and for household requirements, on 14/2/2010, accused borrowed a sum of Rs.1,50,000.00 with a promise to repay the same within three months. On the same day, he issued a cheque dtd. 14/5/2010 for Rs.1,50,000.00 drawn on MDCC Bank, Mandya Branch by way of security and directed the complainant to present it on or after 14/5/2010 and realize the amount. Accordingly, after informing the accused, complainant present the cheque on 14/5/2010, for realization. However, it was dishonoured on the ground "Funds insufficient". Complainant got issued a legal notice dtd. 31/5/2010.