S. RAMACHANDRA REDDY Vs. ASADULLA GUL AHMED

JUDGEMENT

(1.) The complainant in CC No.15606 of 2007 on the file of the learned XIX Additional Chief Metropolitan Magistrate, Bengaluru, is impugning the judgment dtd. 27/2/2012 acquitting the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short 'the NI Act').

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, it is the contention of the complainant before the Trial Court that he was having acquaintance with the accused since several years and the accused had requested for lending the amount. The complainant had lent Rs.2,00,000.00 during April 2004 and Rs.3,00,000.00 during September 2004 and thereby, he has lent in all Rs.5,00,000.00. Towards repayment of loan, the accused had issued the cheques as per Exs.P1 and 2 for Rs.2,50,000.00 each on 15/11/2006. Those cheques were presented for encashment. Both were dishonored as there was insufficient funds. Legal notice was issued which was served on the accused. But the accused has neither replied nor complied with the demands made therein, thereby he has committed the offence punishable under Sec. 138 of NI Act. Accordingly, the complainant requested the Trial Court to initiate action against the accused.