GANESH ENTERPRISES REP Vs. D R SARALA

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful complainant challenging the order of acquittal passed by the XVI Addl. C. M. M. Bangalore, dated 4. 4. 2002 in C. C. No. 34858/99.

(2.) BRIEF facts of the case are that the appellant/complainant M/s. Ganesh Enterprises represented by its partner H. N. Narasimha Gupta and that the accused had purchased raw silk and twisted yarn on credit basis from the complainant and for repayment of the same she had issued 3 cheques and when they were presented to the bank for encashment, they were returned with an endorsement 'funds Insufficient'. So, the complainant got issued the demand notice to the accused calling upon her to pay the cheque amount and the same was served on the accused but inspite of that, she failed to pay the same, therefore, the complainant filed a complaint against her for an offence punishable under Section 138 of Negotiable Instruments Act. During the course of trial, the complainant examined himself as P. W. 1 and got marked Exs. P. 1 to P. 12. Thereafter, the statement of the accused under Section 313 Cr. P. C. was recorded and accused/sarala examined one witness as D. W. 1 in support of her case. Hence, this appeal.

(3.) HEARD the arguments of the learned Counsel appearing on both sides and perused the records.