KAILAR MAHALINGA BHAT Vs. SAJI JOSEPH

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, complainant is before this court.

(2.) I have heard Sri S.Vishwajith Shetty, learned counsel for complainant and Smt.Neeraja Karanth, learned counsel for accused.

(3.) THE complaint was filed on the allegations that accused had borrowed a sum of Rs.3,50,000/ - from complainant. On 13.04.1999, in order to discharge the said loan, accused had issued a cheque dated 13.04.1999 drawn in favour of complainant on Syndicate Bank, Kadaba Branch. On presentation, cheque was dishonoured. There was no response to legal notice caused under section 138(c) of the Act.