T K RAMESHA Vs. RAJANNA MAJOR

JUDGEMENT

(1.) THE learned trial Judge convicted respondent (hereinafter referred as 'accused') for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). The accused was before I -appellate court in Criminal Appeal No.414/2004. The learned Judge of Iappellate court reversed the judgment of conviction and acquitted accused. Therefore, appellant (hereinafter referred as 'complainant') is before this court. The leave to appeal was granted on 10.04.2008. The lower court records are received on 28.03.2014. The matter is taken up for final disposal.

(2.) THERE is no representation for complainant. I have heard Sri M.C.Ashok Kumar, learned counsel for accused.

(3.) THE averments of complaint are as follows: - The complainant and accused are known to each other. The accused approached complainant and borrowed a sum of Rs.63,000/ - for the purpose of school construction and promised to repay the same within a period of three months. The accused in order to repay the said sum of Rs.63,000/ - issued cheque bearing No.485850 dated 25.09.2001. On presentation, cheque was dishonoured. There was no response to legal notice.