G.K.GIRISH Vs. SRIDEVI RAO

JUDGEMENT

(1.) This appeal is filed by the complainant under Sec. 378(4) of Cr.P.C. challenging the judgment of acquittal passed by the XXI ACMM, Bengaluru, in CC No.22684/2015 dtd. 3/5/2017.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The accused-Smt. Sridevi Rao is a friend of complainant-Sri. G.K. Girish and during the month of September 2013, the accused-Smt. Sridevi Rao approached the complainant for seeking financial assistance to make improvement of her business and other legal necessities. The complainant has advanced loan to the extent of Rs.13,00,000.00 in three installments i.e, a sum of Rs.4,40,000.00 paid by way of self-cheque bearing No.0493043 dtd. 15/10/2013 and Rs.2,80,000.00 by way of self-cheque bearing No.0204197 dtd. 12/6/2014 both are drawn on Corporation Bank, S.C. Road Branch, Bengaluru and also paid a sum of Rs.5,80,000.00 by way of cash on 16/8/2014. The accused assured repayment of the said amount to the complainant within six months from 16/8/2014. But, she did not repay the amount within the time assured. When the complainant demanded for repayment of amount, the accused has issued four cheques for Rs.1,50,000.00, Rs.2,00,000.00, Rs.8,00,000.00 and Rs.1,50,000.00 all dtd. 28/5/2015 drawn on Sree Charan Souhardha Co-operative Bank, City Market Area Branch, Bengaluru, towards discharge of her legally enforceable liability. When the said cheques were presented to the Bank, they were returned unpaid with an endorsement 'Funds Insufficient'. Then the complainant got issued a statutory notice against the accused and in spite of the same, the accused failed to repay the cheque amounts and hence, the complainant has lodged a complaint before the learned Magistrate for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ( for short, 'N.I. Act').