M.R. ACHUT KUMAR Vs. SHEKHAR

JUDGEMENT

(1.) The judgment and order of acquittal dated 14.11.2008 passed by the Prl.Civil Judge(Jr.Dn.) & JMFC, Hospet in C.C.1369/2007 has been challenged in this appeal.

(2.) The brief facts of the case of the appellantcomplainant before the trial Court that accused has requested the complainant to advance loan of Rs.10,00,000/- to meet his transport business. The complainant advanced hand loan of Rs.10,00,000/- to the accused and for discharge of legally recoverable debt, the respondent herein had issued the cheque dated 11.11.2006 for a sum of Rs.10,00,000/- drawn on State Bank of Mysuru, Main Bazar Branch, Ballari, in favour of the complainant. When the said cheque was presented for encashment it was dishonoured with an endorsement "payment stopped by the drawer". After dishonour of the cheque, complainant got issued legal notice calling upon the accused to pay the cheque amount and inspite of service of said notice, accused failed to make the payment thereunder within the stipulated time. Hence, the complainant filed the private complaint before the trial Court for the alleged offence under Section 138 of N.I.Act.

(3.) Heard the arguments of the learned counsel appearing for the appellant/complainant and the learned counsel appearing for the respondent/accused.