K.GOVINDA NAYAK Vs. JANARDHANA NAIK

JUDGEMENT

(1.) Being aggrieved by the acquittal of respondent/accused for the offence punishable under Sec. 138 of N.I Act by the Session Court, by reversing the conviction imposed by the trial Court, the complainant is before this Court in this appeal filed 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.) Complainant filed the complaint in question under Sec. 200 Cr.P.C, contending that he and accused are known to each other since many years. Complainant is doing earth work through JCB machine on contract basis. During the first week of October 2013, accused approached the complainant for a hand loan of Rs.1,98,000.00 for his urgent necessity. Complainant agreed to lend the same and advanced hand loan of Rs.1,98,000.00 on 10/10/2013. Accused promised to repay the same within one month, but failed to keep up his promise. Ultimately, on repeated request and demand, on 1/11/2013, accused issued cheque dtd. 11/11/2013 for Rs.1,98,000.00. On the same day, when complainant presented for realization, it was returned dishonoured for "Funds insufficient". Complainant got issued legal notice dtd. 19/11/2013. Though it is duly served on the accused, he has neither paid the amount due under the cheque nor sent any reply and hence the complaint.