BASAVARAJU Vs. SUNILKUMAR R

JUDGEMENT

(1.) In this appeal filed under Sec. 378 (4) of Cr.P.C, appellant who is complainant has challenged the impugned judgment and order passed by the trial Court, acquitting the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'N.I.Act').

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

(3.) It is the case of complainant that he and accused are well acquainted with each other. Accused borrowed a sum of Rs.1,14,000.00 from the complainant for establishing a TV showroom at Channapatna agreeing to repay the same within three months. On the date of loan he issued a post dtd. 20/12/2007 cheque for Rs.1,14,000.00 by way of security. He instructed the complainant to re-present the cheque on 20/12/2007. However, when complainant presented it for encashment on 24/12/2007, it was returned with endorsement "Funds insufficient". When complainant personally approached the accused and informed him about the dishonour of cheque, he did not care to pay the amount due from him. Therefore, complainant got issued legal notice. It is returned with endorsement "Absent during delivery time". Accused has deliberately avoided service of notice, and hence, the complaint.