THIPPESWAMY Vs. GOPALASHETTY K. SHETTAR @ G.K. SHETTAR

JUDGEMENT

(1.) Complainant in C.C. No. 215/2006 on the file of the Additional Civil Judge (Jr.Dn.) and II Additional JMFC, Ranebennur has come up in this appeal impugning the judgment dated 05.08.2009 in dismissing his complaint filed under Sections 138 to 142 of Negotiable Instruments Act r/w Sec. 420 of IPC.

(2.) The sum and substance of the transactions between the appellant and the respondent herein are as under:

(3.) Thereafter, a legal notice is issued by the appellant on 21.01.2006 calling upon the respondent to repay the alleged loan amount of Rs.2,50,000.00, for which, a reply is sent by the respondent on 03.02.2006, which is at Ex.P8, wherein there is clear denial of any monetary transaction between the respondent and the appellant with reference to hand loan of Rs.2,50,000.00 said to have paid on 15.10.2005. Subsequent to the reply notice dated 03.02.2006 was received, private complaint was initiated under Sec. 200 of Crimial P.C. for the offence punishable under Sections 138 to 142 of N.I.Act r/w Sec. 420 of IPC.