MAHAGANAPATHI Vs. IRAPPA S/O IRAPPA NAIK

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant / complainant, being aggrieved by the judgment and order of acquittal dtd. 24/3/2016 in C.C. No.528/2014 passed by the learned Judicial Magistrate First Class, Bhatkal, wherein the Trial Court acquitted the accused / respondent for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'N.I Act').

(2.) The ranks of the parties in the Trial Court henceforth will be considered accordingly for convenience.

(3.) The complainant filed a private complaint against the accused for the offence punishable under Sec. 138 of N.I. Act, contending that the accused had borrowed a loan amount of Rs.3,16,000.00 from the complainant at the rate of interest of 16% per annum. On 30/1/2014, the accused issued a cheque for a sum of Rs.3,20,000.00 to discharge the liability. On 31/1/2014, the said cheque was presented by the complainant for collection of the amount through its bank. However, the said cheque came to be dishonoured with a share as "funds insufficient" and the same has been received on 31/1/2014. A notice was issued to the accused in that regard on 18/2/2014. Even after receipt of the legal notice, the accused has neither repaid the amount nor replied to the said notice and therefore, a complaint came to be registered against the accused for the offence under Sec. 138 of N.I. Act.