GOUDAPPAGOUDA KARIGOUDA PATIL Vs. SIDDAPPA BASAVANNEPPA HUNASANNAVAR

JUDGEMENT

(1.) The judgment and order dtd. 18/4/2019 passed by the Court of Senior Civil Judge and JMFC, Kundagol in C.C.No.1/2018, thereby acquitting the accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, N.I. Act) is challenged by the complainant in this appeal.

(2.) Heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused. Perused the material on record, including the impugned judgment passed by the trial Court.

(3.) It is the case of complainant that he is a Doctor by profession and owns agricultural lands at his native village. He gets income from his landed properties as well as from his medical profession. He knows the accused since long time and they had financial transaction. The accused met him in the third week of December, 2014 and requested to lend loan of Rs.5,00,000.00 to meet his legal necessity. Therefore, he advanced the said loan on 24/12/2014. The accused agreed to repay the loan within 4 months, but failed to fulfill the promise. On 5/5/2015, when the complainant demanded the accused to repay the loan, accused issued a cheque bearing No. C/MGB No.740991 dtd. 5/5/2015 of Karnataka Vikas Grameena (Malaprabha Grameena) Bank. The said cheque when presented at Syndicate Bank, was returned for insufficient funds in the account of the accused to honour the cheque. The complainant issued a legal notice, for which the accused did not send any reply and therefore, he filed the complaint.