PRABHAKAR SHRIPATI HEGDE Vs. B V NAIK

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.11.2009 passed by the I Additional JMFC, Sirsi in C.C. No.923/2002, whereby the respondent/accused is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter called as "N.I.Act").

(2.) The appellant/complainant initiated proceedings against the respondent/accused under Section 200 of Cr.P.C. by presenting a complaint before the JMFC, Sirsi. In the complaint, he averred that he is carrying on business in the name and style "Prabhakar Electronics" at Sirsi. Accused purchased Whirlpool Refrigerators, Videocon Crown TV Sets, Vijayalaxmi Grinder, Johnson Mixture etc., from the complainant amounting to Rs.2,45,000/-. In repayment of the said amount, he issued a cheque bearing No.097970 dated 16.12.2001 drawn on KDCC Bank Limited, Sirsi for Rs.2,45,000/-. The said cheque when presented for collection came to be dishonoured for "funds insufficient".

(3.) The complainant caused a notice dated 18.12.2001. The registered envelope was returned with an endorsement "not claimed". Contending that the notice is deemed to have been served and the accused failed to comply with the demand, the complainant sought action against the accused under Section 138 of N.I.Act.