A.C.KRISHNAMURTHY Vs. M.L.JAWAHARLAL

JUDGEMENT

(1.) This appeal is filed against the judgment of acquittal dtd. 7/5/2014 passed in C.C.No.13970/2003 for the offence punishable under Sec. 138 of N.I. Act.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the complainant/appellant before the Trial Court that the respondent/accused is known to him and accused requested the complainant from second week of January to first week of March, 2003 to make the money of Rs.3,00,000.00 with an assurance to pay the said amount within a month stating that he would pay the amount immediately after clearance of the Government bill of contract work and believing the words of the accused, the complainant made the payment of Rs.3,00,000.00 by way of cash on 10/4/2003 and the accused issued the subject matter of the Cheque dtd. 9/5/2003 for repayment of the said amount. When the said Cheque was presented before the bank, it was returned with an endorsement 'insufficient funds', thus, the complainant contacted the accused in this regard and the accused requested to present the said Cheque after three weeks and again the complainant presented the said Cheque for the second time on 5/6/2003 and once again the said cheque returned with an endorsement as 'insufficient funds'. After dishonour of the Cheque twice, the complainant issued the legal notice to the accused through RPAD as well as UCP but the accused did not make any payment inspite of service of notice through UCP. Hence, the complainant filed the complaint.