A.B. GOWDA Vs. R.M. JAGADISH GOWDA

JUDGEMENT

(1.) Being aggrieved by the dismissal of the complaint filed by him under Sec. 200 Cr.P.C against the respondent/accused for the offence punishable under Sec. 138 of Negotiable Instrument (for short " N.I. Act "), appellant who is complainant has filed this appeal under Sec. 378(4) of Code for criminal procedure (for short " Cr.P.C .").

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) Complainant filed the complaint contending that he entered into joint development agreement dtd. 15/4/2004 with one K.K.Thimarayappa with regard to land in survey No.9/2 measuring 2/8/8 acre of Herohalli village. Infact he started developing the said land by spending huge amount. Due to family dispute of K.K.Thimarayappa, the deal could not be concluded. In the mean while, accused expressed his desire to purchase the said land and agreed to pay complainant Rs.9,00,000.00 towards the money spent by him for development of the said land and issued two post cheques i.e., dtd. 17/12/2006 for Rs.2,00,000.00 and 15/1/2007 for Rs.7,00,000.00. Though the cheque for Rs.2,00,000.00 was realized, the one for Rs.7,00,000.00 was dishonored for want of sufficient funds. Complainant got issued legal notice. Accused has intentionally failed to receive it. Hence, the complaint.