BOREGOWDA Vs. ZUBEDA BHANU

JUDGEMENT

(1.) This appeal is filed by complainant challenging the Judgment and order passed by the trial Court, whereby the accused was acquitted 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 he and the husband of accused are colleagues and in that way he knows the accused. In the first week of March 2008, accused borrowed hand loan of Rs.4.00 lakhs for her legal necessity. She promised to repay the same within 7 months. When accused failed to keep up the promise and on his demand, she issued a cheque dtd. 25/10/2008 drawn on Syndicate Bank, Kyathasandra Branch, Tumakuru, requesting to present the same in the first week of November 2008. However when complainant presented the cheque for encashment, it was returned with endorsement "Funds insufficient".