S A SUMITHRA Vs. S V VINAY

JUDGEMENT

(1.) THE learned trial Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred as 'complainant') is before this court.

(2.) I have heard learned counsel for accused.

(3.) THE averments of complaint are as follows: - The accused is a distant relative of complainant. The accused approached complainant and requested her to lend a sum of Rs.5,80,000/ - in the month of January 2005. The complainant accordingly agreed to arrange the amount. On 21.01.2005, accused borrowed a sum of Rs.5,80,000/ - from complainant as hand loan. The accused did not repay the amount. Whenever complainant demanded for repayment of the amount, accused kept on postponing by giving one or the other reason. Ultimately, accused issued cheque bearing No.058589 dated 20.10.2005 for a sum of Rs.5,80,000/ - in favour of complainant, drawn on Visweswaraiah Grameena Bank and requested complainant to present cheque on or after 20.10.2005. On presentation, cheque was dishonoured with an endorsement "funds insufficient". There was no response to legal notice caused by complainant.