VISHNUDAS Vs. VIJAYA MAHANTESH

JUDGEMENT

(1.) THIS appeal is filed against the Judgment dated 3-7-2006 passed by the learned JMFC - I. Bijapur, acquitting the respondent of having committed the offence punishable under Section 138 of the Negotiable Instrument Act.

(2.) THE appellant is the complainant before the trial Court and it is his case that respondent had issued a cheque for Rs. 25,000/- along with a letter dated 10-10-2000 authorising the complainant to fill in the date and the amount towards the amount which may become due towards the price of cement supplied to the respondent and when the cheque was presented on 14-8-2002 for encashment, the same was returned with an endorsement "account is closed". Thereafter, notice was issued on 30-8-2002 which was returned as not claimed on 17-8-2002 and wherefore the complaint. The respondent pleaded not guilty and claimed to be tried.

(3.) ON behalf of the complainant, power of attorney holder was examined as PW-1 and he examined himself as PW-3 and also examined pws 2 and 4 and got marked Exs. P-1 to P-16. The statement of the accused under Section 313 of the Criminal Procedure Code was recorded.