B S GOPAL Vs. M KRISHNA MURTHY

JUDGEMENT

(1.) THIS Criminal Appeal is filed under Section 378 of the Code of Criminal Procedure by the Counsel for the appellant praying to set aside the order dated 10. 10. 2002 passed by the XIII additional Chief Metropolitan Magistrate, Bangalore in Criminal Case No. 14277 of 1998, acquitting the respondent accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) THE brief facts of the case of the complainant in the trial Court are as follows: the complainant and the accused were known to each other and they were friends for the past several years. On 5. 2. 1997 the accused approached the complainant and borrowed a Joan of Rs. 50,000/- to meet his urgent family needs. On the same day, the accused executed an on demand promissory note and consideration receipt in favour of the complainant. The complainant approached the accused several times seeking to repay the loan amount. But the accused evaded the same on one pretext or the other. On 14. 4. 1997 the accused issued a cheque bearing No. 221860 dated 15. 4. 1997 for Rs. 50,000/- drawn on Sri Thyagaraja Co-operative Bank limited, N. R. Colony, Bangalore towards payment of the said amount. The said cheque was presented before the Apex Bank, HSR Agra Branch, bangalore for encashment. The said cheque was dishonoured with a shara "insufficient funds" on 17. 4. 1997. Thereafter, the complainant got issued a legal notice on 26. 4. 1997 to the accused. The notice sent through registered Post Acknowledged Due was returned with postal shara 'party not found during delivery time'. Since the accused did not comply with the demand made in the legal notice, the complainant was constrained to lodge a complaint.

(3.) IN the trial Court the plea of the accused was recorded. Accused pleaded not guilty and claimed to be tried. In the trial Court the complainant was examined as PW1 and Exhibits P-l to P-6 were marked. Accused was examined as DW-1 and Exhibits D-1 and D-2 were marked.