M R ANAND PRABHAKAR Vs. C V MALLIKARJUNA

JUDGEMENT

(1.) THE learned trial judge has acquitted the respondent (accused) of an offence punishable under Section 138 of the Negotiable Instruments Act. Therefore, the complainant is before this court.

(2.) I have heard Sri.K.S.Ganesh, learned counsel for complainant.

(3.) IT is averred in the complaint that accused had taken loan from the complainant for the purpose of improving his coffee plantation about two years prior to 08.08.2005, but, he failed to repay the loan inspite of demand and reminders. Finally, the accused issued a cheque bearing No.408907 dated 05.05.2005 for a sum of Rs.3,00,000/ - in full settlement of claim inclusive of interest. On presentation, the cheque was dishonored with an endorsement "funds insufficient". The accused had caused frivolous reply to the statutory notice.