K. BALACHANDRA Vs. SRI. DINESH PRABHU

JUDGEMENT

(1.) THIS is complainant's appeal filed under Section 378(4) of Code of Criminal Procedure, challenging the judgment dated 28.2.2002 made in C.C. No. 969 of 2001 on the file of Additional Civil Judge (Junior Division) and JMFC, Puttur, Dakshina Kannada, acquitting the accused for the offence under Section 138 of the Negotiable Instruments Act.

(2.) THOUGH the notice has been served personally on 20.4.2002, the respondent has not entered appearance in this case. The Appellant/complainant is represented by Sri. K.M. Nataraj.

(3.) THE brief facts of the case leading to the filing of the appeal may be stated as under: On 20.1.2001, the Appellant/complainant filed a private complaint under Section 200 of Code of Criminal Procedure, against the respondent/accused, alleging that the complainant gave personal loan of Rs. 4,00,000/ - to the accused who promised to repay the same in a short time and the accused had issued cheque dated 29.11.2000 drawn on Syndicate Bank, Puttur Main Branch, but when the cheque was presented for collection, it was dishonoured on account of insufficient funds. After the cheque was dishonoured, the complainant issued a statutory demand notice to the accused. Though the statutory notice was duly served on the accused on 18.12.2000, he has neither replied nor paid the amount. Therefore, the accused has committed an offence under Section 138 of Negotiable Instruments Act. The respondent/accused entered appearance before the Trial Court. In support of the case of the complainant, he has got himself examined as P.W.1 and got marked Exs.P.1 to P.6. The accused has denied incriminating circumstances appearing in the evidence of prosecution. The accused has not adduced defence evidence. The learned Magistrate, after hearing arguments and for the reasons stated in the impugned judgment, dismissed the complaint and acquitted the accused. This is impugned in this appeal.