JESUDAS Vs. HULLURE GOWDA

JUDGEMENT

(1.) Appellant / complainant has preferred this appeal challenging the judgment dtd. 30/4/2015 passed by the Court of the XLII Additional City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.1238/2014, wherein the learned Sessions Judge has set aside the judgment and order dtd. 14/10/2014 passed by the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.17977/2011 and acquitted the respondent / accused of the offence punishable under Sec. 138 of the N.I.Act.

(2.) Heard and perused the material on record.

(3.) It is the case of the complainant that he is a registered PWD contractor and accused is doing business under the name 'M/s Harish Traders' and he is the proprietor of the said firm. In the second week of December 2008, accused approached him for hand loan of Rs.3,00,000.00 for business purpose. Hence, with a good intention, he paid Rs.3,00,000.00 to the accused in the last week of December 2008. The accused issued a post dated cheque bearing No.986662 drawn on State Bank of Mysore, H.D.Kote Branch dtd. 5/9/2010, assuring that the cheque will be honoured when presented to the bank. Thereafter, at the request of the accused, he waited till first week of October 2010 to present the cheque and on 6/10/2010, he presented the cheque for realisation through his bank i.e., Canara Bank, Town Hall Branch, Bangalore, but the cheque came to be dishonoured with shara "exceeds arrangements". He issued a legal notice dtd. 18/10/2010, to which the accused replied on 25/10/2010 denying the cheque transaction. Hence, filed complaint against the accused for committing an offence punishable under Sec. 138 of the N.I.Act.