SHRIRAM TRANSPORT FINANCE CO. LTD. Vs. MAHADEVAIAH

JUDGEMENT

(1.) This criminal appeal is filed under Section 378(4) of Criminal Procedure Code, 1973. By the Advocate for the appellant praying to set aside the order dated 29-9-2009 passed by the XIIACMM and XX ACMM, Bangalore in C.C. No. 29381 of 2006 acquitting the respondent-accused for the punishable under Section 138 of Negotiable Instruments Act, 1881 and convict the respondent-accused.

(2.) The case of the complainant in the Trial Court is as under:

(3.) The Power of Attorney Holder of the complainant-company has filed an affidavit by way of evidence. He has stated that the accused has entered into hire purchase agreement (SIL/KHR/75451) with complainant-company on 25-6-2005 in connection with the hiring of vehicle bearing No. KA-01-1531 with one Sri Krishna S/o Nagaraj, as a guarantor. Towards the full and final settlement, the accused has issued the cheque bearing No. 235660, dated 12-5-2006 drawn on Bank of Bangalore District and Bangalore Rural District Co-operative Central Bank Limited, Head Office Branch, Chamarajpet, Bangalore-18, for a sum of Rs. 1,20,000/-. He has presented the cheque and the same has been dishonoured with an endorsement "Account Closed". Legal notice was issued through RPAD, but the same has been returned with memo "Not Claimed".