N. SHRIHARI Vs. BABU SHETTY

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'). 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 Cyril Prasad Pais, learned counsel for complainant and Sri Rahul Rai, learned counsel for accused.

(3.) The gist of averments of complaint and the evidence adduced by complainant are stated thus:- The complainant was a wholesale liquor dealer and he had supplied liquor to accused, who was a retail dealer. As on 03.02.2001, accused was due in a sum of Rs.75,682/- to complainant. In order to discharge the same, accused issued a cheque in favour of complainant. On presentation, cheque was dishonoured. There was no reply to legal notice issued by complainant. Therefore, instant complaint was initiated.