M L JAGADISH Vs. M N NARAYAN

JUDGEMENT

(1.) This appeal is filed by the appellant - complainant praying to set-aside the judgment of acquittal dtd. 5/1/2015 passed in C.C.No.492/2012 by the Principal Civil Judge and J.M.F.C., Mudigere, whereunder, the respondent - accused has been acquitted for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the N.I.Act').

(2.) The brief facts of the complainant's case is that; the respondent - accused had approached the appellant - complainant for purchase of silver trees in Sy.No.59 of Arenur village of Chikkamagalur Taluk and he had purchased 200 silver trees from the complainant and paid advance amount of Rs.50,000.00 in cash and issued a post dated cheque dtd. 15/12/2011 for a sum of Rs.5,50,000.00 towards the balance sale consideration.

(3.) Heard learned counsel for the appellant and learned counsel for the respondent.