L. RAJKUMAR Vs. B. G. VENKATESHALU NAIDU

JUDGEMENT

(1.) This appeal is filed by complainant challenging the judgment and order passed by the Sessions Court, whereby it has allowed the appeal filed by the accused, challenging his conviction and sentence by the trial Court 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 accused are good friends. Accused is doing real estate business. Complainant was owning a site at Athmiya Galayara Balaga, Chikkalsandra, Hesaraghatta Road, Bangalore measuring 40 x 50 ft. He sold the same during June 2006 for a sum of Rs.12.00 lakhs. Accused was aware of the said fact. Accused borrowed a sum of Rs.11,50,000.00 from the complainant promising to repay the same within 6 to 8 months. After 6 months when complainant approached the accused and demanded repayment of the loan, accused issued in all 5 cheques i.e., 2 cheques for Rs.1,50,000.00 each drawn on Karnataka Bank, Vijayanagar branch, Bangalore, 2 cheques for Rs.1,50,000.00 each and one cheque for Rs.5,50,000.00 drawn on Vijaya Bank, Gandhi Bazaar Branch, Basavanagudi, Bengaluru. 3.1 Initially complainant presented one cheque for Rs.1,50,000.00 drawn on Karnataka Bank. It was returned dishonored on the ground of "insufficient funds". Again on the instructions of the accused, he presented it, once again, it was returned dishonored on the ground of "insufficiency of funds". The other cheques were also dishonored on the ground of "insufficient funds". Complainant got issued legal notice to the accused through RPAD as well as under certificate of posting on 3/1/2009. The legal notice sent through RPAD is returned as 'Not claimed'. However, the one sent under certificate of posting is served. Accused has not sent any reply to the legal notice. He has also not complied with the requirement of the legal notice. Without any alternative the complaint is filed.