STATE OF KARNATAKA Vs. RAJASHREE

JUDGEMENT

(1.) The State has filed this revision challenging the judgment of acquittal passed in CC.No.99/2007 by II Additional Senior Civil Judge & CJM, Mangalore, D.K. and confirmed by III Additional District & Sessions Judge, D.K., Mangalore in Crl.A.No.110/2010 dtd. 1/8/2015.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that accused Nos.1 & 2 are well acquainted with complainant. On 15/12/2006, at about 5.30 p.m., accused Nos.1 & 2 approached the complainant for advancement of loan of Rs.1,00,000.00 and accused No.2 availed the loan with the assurance that the same will be paid within three months and accused No.1 stood surety for the said loan, assuring that in case accused No.2 fails to pay the same, she will pay it. Subsequently, accused No.1 has issued cheque in this regard and when the said cheque was presented, it was bounced for 'insufficient funds' as well as for 'signature differs'. Hence, the complaint was lodged by the complainant.