RAMAPPA S. Vs. VENKATARAMAN

JUDGEMENT

(1.) THE appeal is preferred against the Judgment of acquittal passed by the Principal Civil Judge (Jr. Dvn.) and J.M.F.C., Bhatkal in C.C. No. 1093/2003 dated 18th March 2009 for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) THOUGH the respondent served with the notice issued by this Court he remained absent and not represented.

(3.) BEFORE adverting to the factual matrix of this case, it is just and necessary to bear in mind two decisions of the Hon'ble Supreme Court between S. Govindaraju Vs. State of Karnataka reported in : 2013(4) AKR 289 at paragraph 15 the Hon'ble Supreme Court has laid down certain principles i.e. to say: