DHARMANNA Vs. RAGHAVENDRA

JUDGEMENT

(1.) Appellant/complainant feeling aggrieved by judgment of acquittal passed by the Prl. Civil Judge and JMFC, Jamkhandi, in C.C.No.435/2009, dtd. 7/11/2012 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of complainant can be stated in nutshell to the effect that complainant and accused are residents of Hirepadasalagi village and they know each other very well. The accused was in need of money of Rs.2,00,000.00 for his family, business and domestic necessities. Complainant in the month of April-2008 advanced loan of Rs.2,00,000.00 and accused assured to repay the same as and when demanded by the complainant. Accused in discharge of debt has issued cheque bearing No.637201 dtd. 17/9/2008 for Rs.2,00,000.00 drawn on Karnataka Vikas Grameena Bank branch at Hirepadasalagi. Complainant presented the said cheque for encashment on 23/10/2008 which came to be dishonored for want of sufficient funds in the account of accused vide memo dtd. 23/10/2008. The complainant has issued demand notice dtd. 3/11/2008. The same is duly served to the accused on 4/11/2008. Accused has neither paid the amount covered under the cheque nor replied to the notice. Therefore, complaint came to be filed on 3/12/2008 for taking appropriate legal action against accused.