CHANNAVEERA NAYAK Vs. SANTOSH

JUDGEMENT

(1.) The appellant/complainant being aggrieved by the judgment of acquittal of respondent/accused passed by the III Addl. Civil Judge & J.M.F.C Kalaburagi dtd. 30/11/2022 in C.C.No.1083/2019, is before this Court in this appeal.

(2.) Parties to this appeal are referred with reference to their ranks before the trial Court for the sake of convenience.

(3.) Accused of having acquaintance with the complainant, in the month of March 2018, he approached the complainant and requested to advance a hand loan of Rs.3,00,000.00 to meet the urgent needs of his family and legal necessities, as well as for his personal use. Accordingly, the complainant advanced a loan of Rs.3,00,000.00 to the accused on 17/3/2018. The accused agreed to repay the same within a period of six months from the date of receipt of the loan amount. When the complainant demanded repayment of the loan amount, the accused issued a cheque bearing No.464512 dtd. 23/10/2018 drawn on SBI Super Market Branch, Kalaburagi. When the said cheque was presented for encashment, the same came to be dishonored for lack of sufficient funds in the bank account of the accused. Though the complainant brought this fact to the knowledge of the accused, he avoided making good the balance. Therefore, the complainant, within a statutory period, issued notice to the accused on 22/11/2018. But the Postal Authorities returned the said RPD letter as Rs.not claimed'; therefore, the complainant was constrained to file the complaint alleging the offence under Sec. 138 of the NI Act against the accused.