ANANDA K KARKERA Vs. YADAV S AMIN

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved by the judgment and order of acquittal dtd. 15/11/2012 passed in C.C.No.4372/2008 on the file of III Addl. Civil Judge and JMFC, Udupi, wherein, the Trial Court acquitted the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act').

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience. Brief facts of the case:

(3.) It is the case of the complainant that accused had availed a hand loan of Rs.3.00 lakhs in cash to purchase the tempo and assured that he would repay the said loan along with 15% interest per annum. When the accused failed to repay the amount as agreed upon by him, the complainant demanded for repayment of the said amount and the accused issued a cheque bearing No.023260 dtd. 6/12/2007 for a sum of Rs.3.00 lakhs. When the same was presented for encashment, it was dishonoured with a shara as 'insufficient funds'. The same was brought to the notice of the accused and inspite of service of notice, the accused did not repay the amount. Hence, the complainant was constrained to file a complaint before the jurisdictional Magistrate.