MARUTI RAMCHANDRA MIRAJAKAR Vs. BASALINGAYYA RAJESHEKHRAYYA HAMBALIMATH

JUDGEMENT

(1.) This is an appeal filed by the appellant/complainant being aggrieved by the judgment and order of acquittal dated 25.11.2009 passed by the learned II Additional JMFC, Bagalkot, in C.C. No. 38/2007.

(2.) Brief facts of the case of the complainant, the appellant herein, are that the respondent/accused has acquaintance with him since ten years. Due to the acquaintance the respondent approached him and demanded hand loan amount of Rs. 50,000/- for his family necessity. Accordingly, the complainant advanced the said amount to the respondent with a condition that he should repay the same within a month. Complainant advanced the amount as hand loan. After receipt of the loan amount, the respondent/accused did not repay the same. Complainant requested the respondent and demanded the loan amount. The respondent on 10.02.2006, in order to repay the loan amount of Rs. 50,000/-, had issued a cheque bearing No. 21712 for a sum of Rs. 50,000/- drawn on Sangli Bank settlement. The complainant presented the said cheque through his banker-State Bank of Mysore, Bagalkot Branch, for collection on 11.02.2006. The said cheque was returned dishonoured with an endorsement that 'the account is closed'. The respondent deliberately with an intention to dupe the complainant had issued the cheque knowingly well that his bank account was already closed. As such on 21.02.2006, complainant got issued the legal notice calling upon the respondent to pay the cheque amount. The respondent intentionally did not chose to claim the said notice and the same was returned on 25.02.2006 with a shara 'not claimed'. The respondent also not chose to repay the cheque amount and thereby the respondent committed an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act', for short).

(3.) Thereafter wards, sworn statement of the complainant was recorded, cognizance of the offence was taken and summons was issued to the respondent/accused. Respondent/accused appeared in the matter through his counsel. The Court recorded the plea of the accused, whereby the accused pleaded not guilty and claimed to be tried. The matter was posted for recording the evidence on the side of the complainant. The complainant got himself examined as RW.1 and produced five documents marked as Exs.R 1 to P.5. On the side of the defence, the accused got himself examined as D.W.1 and produced documents Exs.D.1 to D.4.