SHIVANAND Vs. ARAVIND NARAYAN KULKARNI

JUDGEMENT

(1.) This appeal is filed by the appellant/complainant being aggrieved by the judgment dated 22.10.2009, passed in Criminal Appeal No. 94/2007 by the II Addl. Sessions Judge, Bijapur, wherein the judgment of conviction and sentence passed in C.C. No. 388/2006 by JMFC II Court, Bijapur by order dated 17.09.2007 came to be set aside and the accused came to be acquitted.

(2.) Brief facts leading to filing of the complaint are that the complainant alleged that the accused for the purpose of family necessity had obtained a hand loan of Rs. 75,000/- and towards repayment of the hand loan, he issued a cheque dated 09.03.2006 drawn on Sri. Basaveshwar Pattina Sahakari Bank Ltd., Bagalkot. Since, the accused did not pay the loan amount, the complainant presented the said cheque for encashment through his banker and it returned dishonoured with a shara ' insufficient funds'. The said fact was brought to the notice of the accused and as per the request of the accused the said cheque was again presented for payment on 27.04.2006. Even at that time also the cheque was returned dishonoured with a shara ' insufficient funds. Thereafter, the complainant got issued a legal notice dated 05.05.2006 calling upon the accused to make the payment of cheque amount within 15 days from the date of receipt of the notice. Even after service of the notice, the accused failed to pay the cheque amount. As such, the complaint came to be lodged for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ' N.I. Act' for short). After the complaint, the accused was secured and thereafter the evidence of the complainant was recorded and Exs.P1 to P6 were got marked and after recording the statement of the accused under Section 313 of Cr.P.C. and after hearing the parties to the lis, the learned JMFC II Court, Bijapur, passed an order dated 17.09.2007 wherein the accused was convicted for the offence punishable under section 138 of N.I. Act and he was sentenced to pay fine of Rs. 90,000/- and in default he was ordered to undergo simple imprisonment for a period of six months. Out of fine amount, a sum of Rs. 80,000/- was ordered to be paid to the complainant. Being aggrieved by the said order, the respondent herein preferred Criminal Appeal No. 94/2007 and by virtue of the impugned order, the appeal was allowed and the accused was acquitted. Being aggrieved by the said order, the appellant is before this Court.

(3.) I have heard the learned counsel for the appellant. Though the notice was served on the respondent, he remained unrepresented.