M.JANARDHANA Vs. SHOBHA S.

JUDGEMENT

(1.) Being aggrieved by the dismissal of the complaint filed by him under Sec. 200 Cr.P.C against the respondent/accused for the offence punishable under Sec. 138 of Negotiable Instrument (for short "N.I. Act"), appellant who is complainant has filed this appeal under Sec. 378(4) of Cr.P.C.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that in the month of October 2016, accused approached the complainant for hand loan of Rs.4,00,000.00 on the ground that there is shortage of funds to purchase a site and she would repay the same within one year. Accordingly, complainant extended the hand loan in a sum of Rs.4,00,000.00. After completion of one year, when complainant approached the accused with a request for repayment, she issued a cheque dtd. 30/11/2017. However, when presented for realization, it was dishonoured for want sufficient funds. After issuing legal notice and on failure of accused to pay the amount due, complaint is filed. Though complainant has examined himself as PW-1 and relied upon Ex.P1 to 4 to prove his case, only on the ground that he has failed to cross- examine the accused who is examined as DW-1, the trial Court has dismissed the complaint and acquitted the accused and hence the appeal.