K. SIDDAPPA Vs. V. VENKATESHALU

JUDGEMENT

(1.) This appeal is filed by the appellant/complainant challenging the judgment of acquittal passed in C.C.No.627/2010 on the file of I Addl. Civil Judge and J.M.F.C., Ballari dtd. 6/6/2006 whereby the learned Magistrate has acquitted the accused for the offence punishable under Sec. 138 of Negotiable Instrument 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 complainant and accused are well conversant with each other and on said acquaintance, as per the request of the accused, complainant lent a sum of Rs.1,50,000.00 to the accused for his business improvement on 15/5/2009. It is further alleged that it was agreed that the accused should repay the same within one month and as such in discharge of the said debt, the accused issued a cheque dtd. 15/6/2009 drawn on Canara Bank for Rs.1,50,000.00. When the said cheque was presented for encashment, it was dishonoured for funds insufficient. It is further alleged that when the complainant brought it to the notice of the accused, accused requested to grant some more time and sent a telegram in this regard with a request to represent the said cheque on 20/11/2009. When the said cheque was again represented on 20/11/2009, again it was dishonoured for funds insufficient. Then a notice came to be issued and when the cheque amount is not paid, a complaint under Sec. 200 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) came to be lodged. On the basis of the complaint, the learned Magistrate recorded the sworn statement of the complainant and as there were sufficient grounds to proceed against the accused, took cognizance of the offence. The summons were issued against the accused. The accused appeared before the learned Magistrate and was enlarged on bail. He has also denied the accusation under Sec. 138 of N.I. Act.