K. H. VIJAYAKUMAR Vs. B. SIDDESH

JUDGEMENT

(1.) This is the complainant's appeal filed under Sec. 378(4) of the Code of Criminal Procedure, challenging the acquittal of respondent/accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act').

(2.) For the sake of convenience, the parties were referred to by their rank before the Trial Court.

(3.) It is the case of complainant that he and accused are known to each other since many years. During the month of May 2002, accused borrowed a sum of Rs.3,75,000.00 for his urgent business commitments. He assured to repay the same within eight months. When he failed to keep up the promise, on repeated request and demand by the complainant, he issued a cheque dtd. 3/5/2003 for Rs.3,75,000.00. However, when complainant presented it for encashment, it was returned dishonoured on the ground of account being closed. Complainant got issued legal notice. Though it is duly served, accused has not complied with the same. On the other hand, he got issued an evasive reply. Without any alternative, the complainant has filed the complaint.