M. CHANDRU Vs. ANJANA MURTHY

JUDGEMENT

(1.) This appeal is filed by the complainant challenging the judgment of acquittal dtd. 21/10/2013 passed in C.C. No. 423/2009 by the Principal Civil Judge and JMFC, Mandya whereunder the respondent - accused has been acquitted for offence under Sec. 138 of the Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the 'N.I. Act').

(2.) Brief facts of the complainant's case is, that the respondent - accused for his necessity had borrowed loan of Rs.1,20,000.00 on 12/2/2008 and agreed to repay the same within 2 months. The respondent - accused had issued cheque bearing No. 608153 dtd. 23/4/2008 drawn on Punjab National Bank, Mandya, for Rs.1,20,000.00. The complainant presented the said cheque for encashment and it came to be dishonoured for want of funds. The complainant got issued legal notice dtd. 3/5/2008 demanding payment of cheuqe amount. Said notice has been served on the respondent - accused. The respondent - accused did not pay the cheque amount. Therefore, the complainant presented private complaint against the respondent ' accused for offence under Sec. 138 of N.I. Act. Learned Magistrate has taken cognizance and registered C.C. No. 423/2009 against the respondent - accused for offence under Sec. 138 of N.I. Act. The plea of the respondent - accused has been recorded. The complainant in order to prove his case has examined himself as P.W.1 and got marked Ex.P.1 to Ex.P.5. Statement of the accused has been recorded under Sec. 313 of Cr.P.C. The respondent - accused examined himself as D.W.1 and got marked one document as Ex.D.1. Learned Magistrate after hearing arguments on both sides formulated points for consideration and passed the impugned judgment of acquittal. Said judgment of acquittal has been challenged by the complainant in this appeal.

(3.) Heard learned counsel for appellant ' complainant and learned counsel for respondent ' accused.