GANGADHAR Vs. RAGHUNATHASA

JUDGEMENT

(1.) THE point of law that has arisen in the present appeal is:

(2.) THE appellant herein was the complainant in C. C. No. 131 of 1998 on the file of the J. M. F. C. (I Court) Hubli, and the respondent was the accused in that case. The contention of the appellant was that on the request of the respondent he had advanced an amount of Rs. 1,00,000/- as hand loan to the respondent in the month of January 1998 and that when he pressed for its repayment, the accused-respondent had issued a cheque bearing No. 449421 dated 27. 3. 1998 for Rs. 1,00,000/- drawn on the State bank of India, but that on presentation of the said cheque it was dishonoured. The appellant alleged that despite service of notice of dishonour, the respondent having failed to pay the amount within the stipulated time, has committed an offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) THE accused pleaded not guilty and claimed to be tried. The complainant examined himself and the bank manager regarding dishonour of cheque. After the case of the complainant was closed, the accused was examined under Section 313 of the Code of Criminal Procedure to explain the circumstances arising out of the evidence. The accused denied the allegations in the complainant's evidence. No witness was examined on behalf of the accused.