LAWS(KAR)-2024-5-84

JITHENDRA KUMAR N.M. Vs. RAJANI GURURAJ

Decided On May 27, 2024
Jithendra Kumar N.M. Appellant
V/S
Rajani Gururaj Respondents

JUDGEMENT

(1.) The appellant/complainant has filed this appeal under Sec. 378(4) of Cr.P.C. challenging the judgment of acquittal dtd. 30/8/2018 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru, in CC No.2948/2015, whereby the learned Magistrate has acquitted the accused/respondent-Smt.Rajani Gururaj herein of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, N.I. Act').

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix of the case are that, complainant-Sri. Jitendra Kumar N.M. and accused-Smt. Rajani Gururaj are relatives and they are well-acquainted with each other. Out of long standing relationship and acquaintance, in the month of July 2013, the accused approached the complainant for hand loan of Rs.10.00 Lakhs for family necessities and for purchase of a site, with an assurance of repayment of the same within a period of 4 to 6 months. The complainant has paid the said amount of Rs.10.00 Lakhs in cash to the accused. After the period assured, in spite of repeated requests and demands, the accused did not repay the said amount. However, on persistent demand, the accused issued a cheque bearing No.397105 dtd. 20/11/2014 for Rs.10.00 Lakhs drawn on Corporation Bank, Srinagar Branch, Bengaluru. When the complainant presented the said cheque for encashment through his Banker, it was dishonoured with an endorsement 'Funds Insufficient'. Then the complainant has got issued a legal notice to accused on 17/12/2014, which came to be duly served on accused and an evasive and vague reply was given by her. Hence, the complainant alleging that in spite of accused having knowledge that the she is not having sufficient funds in her account, has issued a cheque and thereby committed an offence under Sec. 138 of the N.I Act. As such, a complaint was lodged before the learned Magistrate.