OMPRAKASH GUTTEPPA PUJAR Vs. FRANSIS M KUTINO

JUDGEMENT

(1.) The complaint of the present appellant filed in the Court of Judicial Magistrate First Class at Mundagod (hereinafter referred to as 'the Court below', for brevity) in C.C.No.185/2008 against the present respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act', for short) ended in acquittal of the respondent by the judgment of the Court below dated 09.12.2009. Being aggrieved by the said judgment and order of the Court below, the complainant has preferred this appeal.

(2.) In response to the notice, the respondent is being represented by his counsel.

(3.) The summary of the case of the complainant in the Court below is that, the respondent issued a cheque bearing No.498663 for a sum of Rs 9,00,000/- drawn on Syndicate Bank, Mundagod Branch, to the complainant, towards discharge of the loan received by him from the complainant. When presented for clearance, the said cheque was returned by the banker with an endorsement 'funds insufficient'. Being aggrieved by the dishonour of the said cheque, the complainant issued a legal notice to the respondent demanding him to repay the loan amount. Even though the notice was served upon the respondent, neither he paid the cheque amount to the appellant nor responded to the notice. Thus, a complaint came to be lodged by the complainant before the Court below under Section 138 of the N.I. Act.