HALAPPANAVAR AGRO CHEMICALS Vs. KEDARNATH JAJEE

JUDGEMENT

(1.) This is an appeal preferred by the appellant-complainant being aggrieved by the judgment and order of acquittal dated 15.10.2009 passed in c.c. No. 366/2005 by the JMFC II Court, Belgaum, wherein the complaint filed by the present appellant u/S 200 of Cr.P.C. for the alleged offence punishable u/S 138 of N.I. Act was dismissed and accused was acquitted. Against the said judgment and order of acquittal, the complainant is before this Court.

(2.) Brief facts of the case of the complainant are that, the appellant is a partnership firm registered under the Partnership Act, 1932, dealing with Agro Chemicals under the name and style of M/s Halappanavar Agro Chemicals and carrying out its business at Belgaum and Gulbarga. The respondent-accused is the partner in M/s Jaji Pesticides dealing in Agro Chemicals and used to place order from the appellant firm on 05.10.2002, 17.10.2002 and 15.10.2002. As per the order of the accused, the complainant dispatched the pesticides on the above date of the total value of Rs.1,82,430/- which was the balance due from the respondent herein. After paying Rs.30,000/- by way of demand draft on 12.06.2003, on repeated requests and demand by the appellant herein, the respondnet-accused issued a cheque bearing no. 0192515 dated 15.07.2003 as a partner of Jaji Pesticides Firm drawn on Bank of India, Gulbarga. When the said cheque was presented for encashment by the appellant through his banker Karnataka Bank Ltd., Mal Maruti Branch, Belgaum, it was returned with a memo of intimation dated 29.07.2003 that 'account closed'. Appellant issued legal notice dated 01.08.2003 and brought to his notice dishonour of the cheque and demanded to comply the same. The notice was served on 05.08.2003 but the respondent neither replied the notice nor complied the demand of payment of due amount. Hence, the appellant-complainant filed a private complaint before the trial Court alleging that the respondent-accused has committed the offence punishable u/S 138 of the N.I. Act. In response to the summons issued by the Court below the respondent-accused herein appeared before the trial Court and has participated in the trial.

(3.) On behalf of the complainant P.W.1 Nagaraj Hanamant Pyate was examined and on behalf of the accused D.W.1 to 3 were examined. Documents Exs.P1 to P15 got marked on the side of the complainant and documents Exs.D1 to D8 got marked on the side of the defence. After considering the merits of the case, ultimately the trial Court acquitted the accused for the alleged offence under Section 138 of Negotiable Instruments Act. Being aggrieved by the same, the appellant/complainant is before this Court.