KUNNEGOWDA Vs. T RAMESH

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 Principal Civil Judge (Jr.Dn.) and JMFC, Kunigal (hereinafter for brevity referred to as 'trial Court'), in C.C.No.459/2005 pronounced the judgment of conviction, convicting the present respondent/accused on 21.07.2009. Against the same, the present respondent, as an accused, preferred Criminal Appeal No.95/2009 before the learned Fast Track Court-II, Tumakuru (hereinafter for brevity referred to as 'lower Appellate Court'), which by its impugned judgment dated 17.12.2009 allowed the appeal and set aside the judgment of conviction passed by the trial Court. It is challenging the judgment of acquittal passed by the lower Appellate Court, the appellant/complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the complainant and accused are close friends and the father of complainant and father of the accused were well acquainted with each other. The accused had availed loan from the complainant on several occasions, as such, there was good faith between them. Accordingly, on 02.10.2004, the accused approached the complainant and demanded for loan of Rs. 5,00,000/- to meet out his necessities like payment of debt etc. Keeping faith in him, the complainant had lent him a sum of Rs. 5,00,000/- as hand loan in the month of October-2004, towards repayment of which the accused issued a cheque dated 18.10.2004 bearing No.786956, drawn on Indian Overseas Bank and in favour of the complainant. While giving the cheque the accused had stated to present the said cheque after 18.10.2004. Accordingly, the complainant presented the said cheque for realisation on 13.12.2004, which returned unpaid with the banker's endorsement "Funds Insufficient". Thereafter, the complainant also got issued a legal notice to the accused demanding the payment of the cheque amount. Since the said notice did not evince any response from the accused, the complainant instituted a case against him for the offence punishable under Section 138 of the 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 Exs.P-7. The accused got examined himself as DW.1 and got marked the documents from Exs.D-1 and 2.