J VEERABHADRA Vs. M V SHIVABASAVAIAH

JUDGEMENT

(1.) THE learned trial Judge convicted respondent (hereinafter referred as 'accused') for an offence punishable under section 420 IPC. Therefore, accused was before Iappellate court. The learned Judge of I -appellate court on reappreciation of evidence has acquitted accused. Therefore, appellant (hereinafter referred as 'complainant') is before this court.

(2.) I have heard Sri K.V.Narasimhan, learned counsel for complainant.

(3.) THE complainant had initiated a complaint against accused for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') and section 420 IPC, alleging that accused had borrowed a sum of Rs.5,000/ - from complainant in the month of October 1998. The accused had agreed to repay the same within three or four months, but failed to do so. When complainant demanded, accused issued cheque bearing No.0061977 dated 12.11.1998 drawn on Vijaya Bank, Hunsur Branch. On presentation, cheque was dishonoured with an endorsement that signature of drawer differs. The complaint was initiated under section 200 Cr.P.C., alleging offences punishable under section 138 of the Act and section 420 IPC. The learned Magistrate took cognizance of an offence punishable under section 420 IPC. The learned Magistrate after completing formalities of trial, held the accused guilty of an offence punishable under section 420 IPC. The learned Judge of I -appellate court reversed the judgment of conviction.