SHANKAREGOWDA Vs. A. THIMMEGOWDA

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and perused the records.

(2.) THE case is at the stage of admission. The appellant herein was the complainant in C.C. No. 234/2014 registered for the offence punishable under Section 138 of N.I. Act. The respondent who was the accused in the said case is acquitted by virtue of considered judgment of acquittal dated 24.02.2015. It is this judgment which is called in question as per Section 378(4) of Cr.P.C.

(3.) THESE cheques were presented for encashment by the complainant and they were returned with an endorsement 'funds insufficient'. As such, the complainant got issued a legal notice on 14.8.2012 calling upon the accused -respondent to repay the cheques amount and if he failed to do so criminal and civil action would be taken against him. The respondent issued reply to the said notice by taking untenable stand and he has failed to repay the said amount. Hence, complaint was lodged for the offence punishable under Section -138 of the N.I. Act.