SRIDEVI Vs. VINAYKUMAR

JUDGEMENT

(1.) BY judgment dated 29.07.2009 in C.C. No. 546/2006 the I Addl. Civil Judge, (Jr. Dn.) and JMFC, Dharwad acquitted the accused for the offence punishable under Section 138 of N.I. Act. Questioning the legality and correctness of judgment of acquittal, this appeal is preferred by the complainant.

(2.) THE respondent/accused had obtained a hand loan of Rs. 65,000/ - from the appellant/complainant. Towards the discharge of the hand loan, the accused issued a cheque in favour of complainant dated 11.02.2005 for a sum of Rs. 65,000/ -drawn on Reddi Sahakan Bank Niyamita, Dharwad. The complainant presented the cheque for collection. But, it was returned with an endorsement "insufficient funds". When she brought this fact to the notice of the accused, he requested her for some more time to pay the cheque amount. As such, the complainant waited for some more time and approached the accused for payment. The accused asked her to present the cheque for encashment. For the second time, she presented the cheque for collection through her banker State Bank of Mysore, Dharwad on 10.03.2005. Again, it was bounced for the same reason. When the matter was brought to the notice of the accused, he sought for two days time to pay the amount. But he did not. Complainant issued a legal notice demanding the payment of cheque amount within the stipulated period. Though the notice was served on the accused he failed to pay the cheque amount which made the complainant to file a private complainant against the accused for the offence under Section 138 of N.I. Act.

(3.) I have heard the submission made by the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused. Perused the records.