S M NATARAJA Vs. B M PRAKASH

JUDGEMENT

(1.) Though this matter is listed in the Admission list, however, with the consent of both side, the matter is taken up for final disposal, for which purpose, learned counsel from both side provided the certified copies of the depositions and other documents pertaining to the matter.

(2.) The present appellant, as a complainant, had instituted a private complaint against the present respondent/accused under Section 200 of Code of Criminal Procedure, alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'). The said case was tried by the learned XVI Addl.Chief Metropolitan Magistrate, Bengaluru City (hereinafter for brevity referred to as 'trial Court'), in C.C.No.1080/2011, which by its judgment dated 19.02.2015, acquitted the accused (respondent herein) for the offence punishable under Section 138 of N.I.Act. It is against the said judgment of acquittal, the complainant has preferred this appeal.

(3.) The summary of the case of the appellant/complainant in the trial Court is that the respondent/accused and himself were the neighbours and were residing in the same Lane at Jayanagara, Bengaluru. As such, they were in acquaintance with each other and had become friends. The respondent/ accused approached him on 5.10.2006, with a request of hand loan of a sum of Rs. 13 lakhs. Considering the said request and noticing that the accused was in need of money for his legal necessities, complainant lent him a sum of Rs. 10 lakhs on 10.10.2006 and another sum of Rs. 3 lakhs on 17.11.2006, both in cash. Though the accused had agreed to repay the entire loan amount within an year from the said date, but, he failed to do so. However, on repeated request and demands made by the complainant, the accused issued him a post-dated cheque bearing No.367273, drawn on Bank of India, J.C.Road Branch, Bengaluru, on 15.2.2010, by putting the date on the cheque as 23.8.2010. When the said cheque was presented for realisation, it returned unrealised with the Bank's shara "account closed/ transferred", vide the memo of the Banker dated 24.8.2010.