K VASANTHA KUMARI Vs. D DEVENDRA REDDY

JUDGEMENT

(1.) CHALLENGING the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, in judgment dated 15-9-2003 passed by the learned XIII Additional Chief metropolitan Magistrate, Bangalore, in CC no. 30685/2001, the complainant of that case has filed this appeal.

(2.) THE case of the complainant in brief is as under :

(3.) THE accused/respondent pleaded not guilty and claimed to be tried. The complainant examined himself as P. W. 1. In his examination under Section 313 of Cr. P. C. , the accused denied the claim of the complainant. In support of his contention, the respondent examined himself as D. W. l. In his evidence, the accused contended that when the finance corporation was wound up, the task of collecting chit amount from those who had stopped paying was entrusted to him and therefore Ex. P-2 was executed and though he had not taken any money from the complainant, on the demand by the complainant for issuance of cheques as security, at the instance of other partners and upon their assurance cheques were given along with on demand promissory notes. No witness was examined on behalf of the accused.