B. S. ARUNKUMAR Vs. KESHAVA MURTHY M. G.

JUDGEMENT

(1.) In this appeal, the complainant has challenged the impugned judgment and order passed by the trial court acquitting the 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 complainant that accused was known to him since long time and on his request, complainant extended financial assistance in a sum of Rs.1.5 lakhs during 2008. In fact, he availed loan of Rs.1.5 lakhs to help the accused. Accused promised to repay the same within a short time and issued a post dtd. 14/5/2009 cheque drawn on his account maintained with ICICI bank, Rajajinagar Branch, Bengaluru. However, when complainant presented the said cheque through his Banker on 22/5/2009, it was dishonoured with endorsement "Account freezed". Complainant got issued a legal notice. However, accused has not received it and as such it is returned to the complainant with endorsement "Not claimed". Without any alternative, complainant has filed the complaint.