LEELAMMA Vs. B. PUTTANNA

JUDGEMENT

(1.) Being aggrieved by dismissal of her complaint filed against the respondent/accused alleging offence punishable under Sec. 138 of N.I.Act, complainant has come up with this appeal under Sec. 378(4) of Cr.P.C, with a prayer to set aside the impugned judgment and order and convict the accused and sentence him appropriately.

(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 she and accused are well acquainted with each other and in the month of May 2006, accused borrowed a sum of Rs.15,00,000.00 for his personal use with a promise to repay the same within one year. He issued a post dated cheque dtd. 26/5/2007 for a sum of Rs.15,00,000.00. On the instructions of the accused, when complainant presented the said cheque on 26/5/2007, it was dishonored on the ground of "Insufficiency of funds", "Account is dormant", "Insufficiency of balance" and "Inoperative account" on 28/5/2007. Complainant got issued a legal notice to the accused. Accused has sent an evasive reply on 14/6/2007. 3.1 After due service of notice, respondent appeared through counsel and contested the case.