B M RAVI Vs. KARAN KUMAR

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned XXI Addl.Chief Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity referred to as 'trial Court'), in C.C.No.11656/2006, pronounced the judgment of acquittal on 28.01.2010. It is against the said judgment of acquittal, the complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the respondent/accused, who was his friend, had availed a hand loan of a sum of Rs. 2 lakhs from him to meet his urgent necessity. As a repayment of the same, he had issued a cheque bearing No.179338, dated 3.6.2005, for a sum of Rs. 2 lakhs and drawn on Karnataka State Co-operative Apex Bank Ltd., Banashankari Branch, Bengaluru. When presented for realisation, the cheque came to be dishonoured with an endorsement dated 27.9.2005, as 'insufficient funds'. After causing notice upon the respondent/accused on 3.10.2005, demanding the payment of the cheque amount, since the appellant/complainant did not get the cheque amount, was constrained to institute a complaint against him for the offence punishable under Section 138 of N.I.Act.

(3.) To prove his case, the complainant got himself examined as PW-1 and got marked the documents from Exs.P-1 to P-11. From the accused side, two witnesses as DW-1 and DW-2 were examined and Exs.D-1 to D-5 were marked. After hearing both side, the trial Court by its impugned judgment dated 28.01.2010, acquitted the accused of the alleged offence. It is against the said judgment, the appellant has preferred this appeal.