G T DHARMAIAH GOWDA Vs. E V RATHNAKARA

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 Sri A.H.Bhagavan, learned counsel for complainant and Sri G.Venkatatachala, learned counsel for accused.

(3.) IT is the case of complainant that accused had borrowed a sum of Rs.1,50,000/ - from complainant on 10.10.1998 with an undertaking to repay the amount within a period of one year. The accused did not repay the amount. When demanded by complainant, accused gave a cheque dated 25.07.2000 for a sum of Rs.1,50,000/ -. On presentation, cheque was dishonoured. The complainant caused legal notice. The accused caused untenable reply. Therefore, instant complaint was filed.