MUTTU Vs. GHOSHAYYA CHANNAYYA HIREMATH

JUDGEMENT

(1.) The appellant/complainant being aggrieved by the judgment passed by the learned IV Additional District and Sessions Judge, Vijayapur (for short 'first appellate Court') dtd. 10/3/2010 in Criminal Appeal No.36/2019, allowing the said appeal filed by the accused and acquitting him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') by reversing the judgment of conviction passed by the learned Additional Senior Civil Judge and JMFC, Sindagi (for short 'Trial Court') in Criminal Case No.429/2017, has preferred this appeal.

(2.) The facts leading up to this appeal in brief are as under:

(3.) It is further case of the complainant that, after dishonour of the said cheque, within the statutory period, the complainant has issued a notice to the accused on 28/1/2014 through his counsel and called upon the accused to pay the cheque amount. Despite service of notice, the accused did not pay the cheque amount. Therefore, the complainant was constrained to file a complaint against the accused for the aforesaid offence.