RAMAPPA GOWDA Vs. H BHADRAPPA GOWDA

JUDGEMENT

(1.) Perused the record.

(2.) The present appeal is filed against the acquittal of the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act', for brevity).

(3.) The facts alleged are that the accused - respondent is said to have approached the complainant in the month of January 2003 seeking a loan of Rs.2,50,000/- for purposes of clearing earlier loans and on account of personal need. The sum of Rs.2,50,000/- was lent in cash by the complainant to the accused, in the month of February 200 The respondent had agreed to repay the loan within six months, but had failed to do so and after repeated requests, he is said to have issued five cheques in all, each for a sum of Rs.50,000/-. Two of the cheques were drawn on the State Bank of Mysore, Rajajinagar Branch, two of the cheques were drawn on Citibank, N.A. Bangalore Branch and one cheque was drawn on Malleswaram Co-operative Bank Limited. The cheques were commonly dated as 201.2006. When the cheques had been presented by the complainant, two of the cheques of the State Bank of Mysore had been dishonoured for want of sufficient funds and the other three cheques were dishonoured with an endorsement that the account was closed. It is on such dishonour that a legal notice had been issued in terms of Section 138 of the NI Act and failing compliance with the demand, the complaint was filed.