MALLESH GOWDA Vs. RAMACHANDRA G

JUDGEMENT

(1.) Heard the learned counsel for the petitionercomplainant and perused the impugned Judgment of acquittal dated 27.08.2014 passed by the XV Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No. 30733/2011, acquitting the accused-respondent herein for the offence punishable under Section-138 of Negotiable Instruments Act 1881.

(2.) The case of the complainant is that the respondent-accused had issued a cheque in a sum of Rs.5,00,000/-, dated 30.06.2011 drawn on Catholic Syrian Bank Ltd., for having availed hand loan from the petitioner. When the said cheque was presented for encashment, the same came to be returned with banker's endorsement "payment stopped by drawer". Even such instruction would also constitute the offence punishable under section-138 of N.I. Act. Consequent upon the bouncing of the cheque and issuance of banker's memo of endorsement on 02.07.2011, a statutory legal notice was got issued on 02.08.2011 before filing the complaint against the petitioner, under Section 138 of Negotiable Instrument Act.

(3.) What is argued by the learned counsel for the appellant is that before issuing legal notice on 02.08.2011, statutory period of 30 days had not expired and hence, the learned judge of the trial Court is not justified in acquitting the accused-respondent.